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HomeMy WebLinkAbout946354 Record & Return To: Mortgage Information Services, Inc. 4877 Galaxy Parkway, Suite I Cleveland, OH 44128 PJ:epared By: CitiMortgage, Inc. 1000 Technology Drive 0' Fallon, MO 63368-2240 RECEIVED 4/6/2009 at 2:46 PM RECEIVING # 946354 BOOK: 719 PAGE: 791 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY (;O\i79:1 [Space Above This Line For Recording Data] M.I.S. FILE NO. ,'"MORTGAGE /OL/ 7'-/ jO( tJ MJN 100011511205995880 '" j (7 It1 DEFINITIONS I f j Words used in muJtiple section<; of this docWllent are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Celiain nùes reganling the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated March 27, 2009 together with all Ridel'S to this document (B) "Borrower" is Dakotah J Dayton, Individual v.,~Ö\({{eJ BOIrower is the mortgagor under this Security Instrument. (C) 'MERS" is Mortgage Electronic Registration S)'stelll'>, Inc. ¡VIERS is a separate corporation that is acting solely a<J a nominee for Lender and Lender's successors and a<Jsigns. MERS is the mortgagee under this Security Instrument. ¡VIERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, M148501-2026, tel. (888) 679-MERS. 001120599588 WVOMING· Single Femily . Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP@ Wolters Khmer financial Service. CitlMortgage 3.2.21.07 V4 .----, Fonn 3051 1101 '-:-) v/VMP6A(WV) (0808).00 Initial.: .- Page 1 of 18 (;Ov792 (D) "Lender" is CitiMortgage, Inc, T .-ender is a Corporation organized and existing under the laws of New York Lender's address is 1000 Technolog)' Drive, 0' Fallon, MO 63368-2240 (E) "Note" means the promissory note signed by BOl1"Ower and dated March 27, 2009 The Note states that BOlTOwer owes LenderOne Hundred Eighty Six Thousand Dollars (LJ. S. $186,000.00 ) plus interest BOl1"Ower has pmmised to pay this debt in regular PeIiodie Payments and to pay the debt in full not later than April 1, 2039 (F) "Property" means the pmperty that is descIibed below under the heading ''Transfer of Right<; in the Property. " (G) "Loan" 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 (H) "Riders" means all Riders to this Secmity In<;troment that are executed by BOl1'Ower, The following Riders are to be executed by BOlTOWeI' [check box as applicable]: D Adjustable Rate Ridel' D Balloon Rider D VA Rider D Condominium Rider D Second Home Rider D Planned Unit Development Rider D 1-4 Family Rider D Biweekly Payment Ridel' D Other(s) [specify] Other(s): (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administnltive l1.lles and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Ji'ees, and Assessments" means all dues, fees, assessment<; and other charges that are imposed on BOlTOwer or the Property by a COndOminiunl association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a tran<;action oliginated by check, draft, or similar paper instl1.lment, which is initiated through an electronic temûnal, telephonic instl1.lment, computer, or magnetic tape so as to order, instnJct, or authoIize a financial institution to debit or credit an account. Such tenn includes, but is not linûted to, point-of.sale tran<;fers, automated teller maclúne transacüons, tran<;fers iniüated by telephone, wire transfers, and automated cleaIinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compen'iaüon, settlement, award of damages, or proceeds paid by any third pæ.i)' (other than insmance proceed.. paid under the coverages desclibed in Section 5) for: (i) danmge to, or destnJction of, the Pmpeli)'; (ii) condenmation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) nùsrepresentations of, or omissions as to, the value and! or condition of the Propeliy. (N) "Mortgage Insurance" means insurance pmtecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due fOl' (i) principal and intercst under the Note, plus (ii) any amounts under Section 3 of this Secmity IŒtl1.lment 001120599588 WYOMING _ Single Family· Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP@ Wotters Kluwer Anancial Services CitlMortgage 3.2.21.07 Y4 ~ Form 3051 1/01 . <.., MI'6A(WY) (0806).00 inlli.ls: .. Page 2 of 16 000793 (P) "RESPA" means the Real Est1tte Settlement Procedures Act (12 U.S.c. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R Part 3500), a<i they might be amended from time 10 time, or any additional or succe...sor legislation or regulation that govern.. the sanle subject matter. As u..ed in this Security Iffitrument, I1RR~PA" refers to all requirements and restriction<; that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" mxler RFSPA. (Q) ''Successor in Interest of Bm'rower" mean<i any party that ha<i taken title to the Property, whether or not that party Ita<; assumed Borrower's obligations under the Note andlor this Security Instrument. TRANSFER OF RIGHTS IN Tllli PROPÐ{TY This Secwity IŒtnul1ent secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the penonmmce of Borrower's covenant.. and agreements under this Security IŒtnuuent and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely a.. nonùnee for Lender and Lender's successors and assigns) and to the successors and a<isigns of MERS, with powel' of sale, the following described property located in the County of Lincoln [Type of Recording Jlllhdiction] [Name of Recording Jurisdiction] The Assessor's Parcel Number (Property Tax ID#) for the Real Property is 12-3519-24-4-07-028.00. "See ÇGh9dule A ..tt..rhprl h(lrgte and "lade a fJ8I't here&f LOT 89 IN STAR VALLEY RANCH PLAT 3. AS PLATTED AND RECORDED IN THE OFFICIAL RECORDS OF LINCOLN COUNTY, WYOMING. PARCEL ID: 12-3519-24·4-07·028.00 Parcel ill N1IDIÌler: 12-3519-24-4-07-028.00 95 Cottonwood Thayne ("Property Address"): wlùch cummtly has the address of [Street] [Cit}'] , Wyoming 83127- [Zip Code] TOGETIlliR WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Secmity Inst.mment. All of the foregoing is refelTCd to in this Security Instrument as the "Property." BOlTOwer understand.. and agrees that MERS holds only legal title t.o the interests granted by ßOlTOwer in this Security In;;trument, but, if necessary to comply with law or custom, MERS (as nonùnee for Lender and Lender's successors and a<isigns) ha<i the right: to exercise any 001120599588 WVOMING· Single Family· Fannie MaelFreddle Mac UNIFORM INSTRUMENT WITH MERS VMP@ Wolters Kluwer Ananclal Services CitlMortgage 3.2.21.07 V4 . ':::-:--' Form 3051 1/01 --:-:L5..~tMP6A(WV) (0806).00 lnitials:" ,/". Page 3 of 16 OOú794 or all of those interests, including, but not linúted to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not linúted to, releasing and canceling this. Security TD'itnnnent. BORROWER COVENANTS that BOlmwer is lawfully seised of the estate hereby conveyed and ha<; the right to mol1gage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. BOlTOwer warrants and wiII defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TIDS SECURITY INSTRUMENT combines uniCornl covenants for national u~e and non-unifonn covenants with limited vroiations b)' jurisdiction to cOffititute a unifornl security instrument covering real propcliy. UNIFORM COVENANTS. BOlTOwer and Lender covenant and agree a<; follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Bonuwer shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. BOlTOwer shall also pay fund~ for Escrow Item~ pmsuant to Section 3. Payments due under the Note and this Secmity Instl1lment shall be made in U,S. cUITency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender nUl)' reqwœ that any or all subsequent payments due under the Note and this Security In'itrument 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 ca<;hiel"s check, provided any such check is drawn upon an in<;titution whose deposito;; are ino;;ured by a Cederal agency, in<¡trumentality, or entity; or (d) Electronic Fund<¡ Tran<¡fer. Payments are deemed received by Lender when received at the location designated in the Note or at such othel'location as nUlY be designated by Lender in accordance with the notice provision.. in Section 15. Lender nUlY return any payment or partial payment if the payment or pat1:ial payments are insufficient to bring the Loan clllTent. Lender may accept any payment or partial pa)'ment insufficient to bling the Loan clllTent, without waiver of any right.. hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apl)ly such payments at the time such payments arc accepted. H each Periodic Payment is applied as oC its scheduled due date, then Lender need not pay interest on unapplied funds. Lender nUlY hold such unapplied ftmds until Bon'Ower makes payment to bring the Loan clllTent. H BOlTOwer does not do so within a reasonable period of time, Lender shall either apply such funds or retum them to BOlTOwer. H not applied earlier, such fund.. wiII be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which BOlTOwer núght have now or in the future agaiffit Lender shall relieve Bonuwer from making payments due under the Note and this Secmity Instrument or perl'onning the covenants and agreements secured by this Security Instrument. 2, Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payment.. accepted and applied by I,ender shall be applied in the following order of priority: (a) interest due under tile Note; (b) principal due under the Note; (c) anlOtmts due under Section 3. Such payment" shall be al)plied to each Periodic Payment in the order in which it becanle due. Any remaining an10unts shall be applied first to late charges, second to any other amounts due under this Security lffitx'Ument, and then to reduce the Plincipal balance of the Note. H Lender receives a pa)'ment from BOlTOwer fOl' a delinquent Periodic Payment which includes a sutlicient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is ouManding, Lender may apply any payment received from ßOlTOwer to the repayment of the Periodic Payments if, and to the extent that, each payment can be 001120599588 WYOMING - Sin91e Family· Famle Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP@ WoIt.... Kh....r financial Services CiliMortgag. 3.2,21,07 V4 ~ Form 30511101 ~ /'" VMP6A(WY) (0808).00 Initials: - Page 4 of 16 Ü00795 päi.d in full. To the extent that HnY excess exis1s 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 first to any pn~payment charges and then as described in the Note. Any application of payment'i, in'iurance proceed.., or MiscelIaneou.. Proceeds to principal due under the Note shall not extend or postpone the due date, or change the anlount, of the Periodic Payments. 3. Funds for Escrow Items. ßommer shall pay to Lender on the day Periodic Payments are due 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 wlùch can attain priority over this Security Imtmment as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage wurance premiums, if any, or any sums payable by BOIT()wer to Lender in lieu of the payment of Mo~age Imurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the temI of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by BOIT()wer, and such dues, fees and assessments shall be an Escrow Item, BOl1"Ower shall promptly furnish to Lender all notices of anlounts to be paid under this Section. BOlrower shall pay Lender the Funds for Escrow Items unless Lender waives BoIT()wer's obligation to pay the Funds for any or all Escrow Items. Lender may waive BOIT()wer's obligation to pay to Lender Funds for HnY or all &;crow Items at IDlY time. Any such waiver nuty only be in writing. In Ole event of such waiver, BOITOwer shall pay directly, when and where payable, the anlounts due for any Escrow Item" for which payment of Funds ha" been waived by Lender and, if Lender requires, shall furnish to Lender receipt.. evidencing such payment within such time period a'i Lender may require. BoIT()wer's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agn~ement contained in this Security Imtmment, as the phrase "covenant and agreement" is u'ìed in Section 9. If BOl1-ower is obligated to pay Escrow Items directly, pw'Suant to a waiver, and BoITOwer fails to pay the anIount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and BOIT()wer shall then be obligated under Section l) to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time ·by a notice given in accordance with Section 15 and, upon such revocation, BOIT()wer shall pay to Lender all Funds, and in such amooots, that are then required undel' this Section 3. Lender may, at any time, collect and hold Foods in an amooot (a) sufficient to pernùt Lender to apply the FUI1{l" at the time specified under RESPA, and (b) not to exceed the maximOO1 amount a lender can require under RESPA. Lendel'shall estimate the amount of Funds due on the basis of cummt data and reasonable estimates of expenditures of future Escrow Item'ì or otherwise in accordance with Applicable Law. The Funds shall be held in IDl institution whose depusi1s are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in WlY Federal Horne I,oan Rank. I.ender shall apply the Funds to pay the Rscrow Items no later than the time specified under RE"PA. Lender shall not charge ßonnwer for holding wId applying the Food.., annually analyzing the escrow accooot, 01' verifying the Escrow Items, unless Lender pays Bol1.'Ower interest on the Foods and Applicable Law pemùts Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Foods, Lender shall not be required to pay BoITOwer any interest or earnings on the Funds. BOIT()wer and Lender can agree in writing, however, that interest shall be paid on the Funds, Lender shall give to BOIT()wer. without charge. an annual accounting of the Funds as required by RESPA. 001120599588 WYOMING - Singl. Family· Fannl. Mao/Froddl. Mac UNIFORM INSTRUMENT WITH MERS VMP@ Wolters Kluw er financial Services CitiMortgago 3.2.21.07 V4 ._ Form 3051 1/01 .---;> Cj VMP6A(WY) (0806).00 Initial." ~--- Pag. 5 01 18 00,/796 If there is a stl11JhlS of Funds held in e.o;cruw, as defined under RFSPA, Lender shall accmmt to Bonuwer for the excess funds in acconlance with RFSPA. If there is a shor1age of Funds held in escrow, as defined under RF.8PA, Lender shall notify Bonuwer as required by RF.8PA, and Bonuwer shall pay to Lender the anlow1t necessary to make up the shOliage in accordance with RE'tP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escmw, as defined undel' RFSPA, Lender shall notify ßonuwer as required by RESPA, and ßonuwer shall pay to Lendel' the anlount necessary to make up the deficiency in accordance with RFSPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall pmmptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. ßonuwer shall pay all taxes, 3<iSeSSments, charges, fines, and impositions attributable to the Pmperty which can attain PI;Ority over this Secm;ty Instrument, leasehold payments or gmund rent.. on the Pmperty, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escmw Items, Bonuwer shall pay them in the manner pl'()\'ided in Section 3. BOI'OOwer shall pmmptly discharge any lien which ha.. priority over this Security Instrument unless Bonuwer: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as BOlTOwel' is peIfornung such agreement; (b) contests the lien in good faith by, 01" defends against enforcement of the lien in, legal pmceedings which in Lender's opinion operate to prevent the enfon:ement of the lien while those pruœedings are pending, but onJy until such pruceedings are concluded; or (c) secures fmm the holder of the lien an agreement satisfactory to Lender subonlinaûng the lien to this Security Instrument Tf Lender detemlines that any part of the Pmperty is subject to a lien which can attain priority over this Security Iffitnullent, Lender may give Bon-ower a notice identifying the lien. Within 10 days of the date on which that notice is given, BOlTOwer shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lendel' may, require Bonuwer to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. PropeI1y Insurance. BOlTOwer shall keep the improvements now existing or hereafter erected on the Pmpclty insured against loss by fire, hazards included within the tclm "extended coverage," and any other hazard.. including, but not limited to, earthquakes and flood'), for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender l'equires. 'VIlat Lender requires pursuant to the preceding sentences can change during the ternl of the Loan. The insurance carrier pmviding the insurance shall be chosen by Bonuwer subject to Lender's right to disapprove Bonuwer's choice, which right shall not be exercised unreasonably. Lender may require B0I1uwer to pay, in connection with this Loan, either: (a) a one-time charge for flood zone detennination, certification and tracking services; or (b) a one-time charge for flood zone detemunation and certification s~rvic~.o; and subs~quent cluU.'g~s ~ach tim~ remappings or similar changes occur which reasonably nught affect such de1emúnaûon 01" certificaûon. Bonuwer shall also be œsponsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with tlle review of any flood zone deternúnationl'esulting from an objection by Bon-ower. If ßOlTOwer fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and BolTOwer's expense. LendCl" is under no obligation to pUI-chase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but núght or might not protect Bonuwer, Bonuwer's equity in the Property, or the contents of the Propelty, against any risk, hazard or liability and ought provide gn~ater or lesser coverage than Wll'> previously in effect Bonuwer acknowledges that the cost of the in..urance coverage so obtained nught significantly exceed the cost of inswllnce that Bonuwer could have obtained. Any amounts disbursed by Lender under this Section 5 shall 001120599588 WYOMING· Single Family· Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH MERS VMP® Wolters KJuwer Rnanclal Services CitiMortgage 3.2.21.07 V4 ~::::? Form30511/01 :.~ MP6A(WY) (0806).00 Inltiol.: - Pago 8 0118 000797 become additional debt of BOl1.'uwer seclU"ed by this Security Instnmlent. These alllUlmts shall bear interest at the Note rate from the date of disbursement and shall l>e payable, with such interest, ulXJn notice from T ..cnder to ßoJTOwer requesting payment. All in~W1lIlce policies required by Lender and renewals of such policies shall l>e subject to Lender's right to disapprove such policies, shall include a standard moligage clause, and shall nante Lender a<; mortgagee and/or as an additional loss payee. Lender shall have the light to hold the policies and renewal certificates. If Lender requires, BOIrower shall promptly give to Lender all receipts of paid preßÙums and renewal notices. If BOIrower obtains an)' foml of in<iW1lllce coverage, not othenvise required by Lender, for damage to, or destroction of, the Property, such policy shall include a standard mortgage clause and shall name Lender a<; mortgagce and/or lIS IDl additional loss payee. In the event of loss, BOl1.uwer shall give prompt notice to the insW1lllce camel' IDld Lender. Lender may make pl'Oof of loss if not made promptly by Bommer. Unless Lender and BOl1.uwer otherwise agn~e in writing, IDlY insurance proceed.-., whether or not the underlying insW1lllce was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is econoßÙcally fea<;ible and Lender's security is not lessened During such repair and restoration petiod, Lender shall have the tight to hold such insurance pl'Oceeds until Lender has had an opportunity to in.-.pect such Property to ensure the work has been I completed to Lender's satisfaction, provided that such in.-.pection shall be undertaken pmmptly. Lender may disbur.;e pmceeds Cor the repWrs and restorntion in a single payment or in a series of progress payments as the work is completed. Unless an agreement to;; made in wtiting or Applicable Law requires inten~st to be paid on such in<iurance proceeds, T ..cnder shall not be required to pay ROJTOwer IDlY interest or eamings on such pmceed~. Fees for public adju~ters, or other tlrird parties, retained by BolTOwer shall not be paid out of tlle insurance pmceed.-. and shall be the sole obligation of BOlTOwer. If the restoration 01' repair is not econoßÙcaIly fea<;ible or Lender's secmity would be lessened, the in.-.urance proceeds shall be applied to the SunlS secured by this Secmity Instrument, whether or not then due, with the excess, if any, paid to BolTOwer. Such insurance proceeds shall be applied in the order provided for in Section 2. If BOlTOwcr abandons the Property, Lender may file, negotiate and settle IDlY available insurance claim and related matters. If BOl1.uwer does not respond within 30 days to a notice fl'Om Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day peliod will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, BOlTOwer hereby assigns to Lender (a) BOlTOwer's tights to any insurance pl'Oceeds in an amount not to exceed the anlounts unpaid under the Note or this Security Instrument, and (b) any other of BOl1.uwer's rights (other than the right to any reCund of unearned preßÙums paid by BolTOwer) under all insurance policies covering the Property, insofar as such rights are applicable to the covenlge of the Property. Lender may ll"e the illSunmce pmceed" either to repair or resture the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. ROlTOwer shall occupy, establish, and u<;e the Pmperty a,> ßolTOwer's principal residence witlrin (jO days after the execution of this Secutity Instrument and shall contilme to occupy tlle Property as BolTOwer's principal residence for at lea<;t one year after the date of occupancy, unless Lender otherwise agrees in wIiting, which consent shall not be unrea<;onably withheld, or unless extenuating circumstances exist which are beyond BOlTOwer's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. BolTOwer shall not destroy, damage or impair the Property, allow the Property to deteriomte or commit waste on the Property. Whethcr or not BOlTOwcr is residing in thc Property, BOIrower shall maintain the Property in order to prevent the Pl'Operty fl'Om deteriorating or decreasing in value due to ito;; condition. Unless it is 001120599588 WYOMING - Single Family· Femle Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP@ Wolters Kluwer financial Services CitlMortgage 3.2.21.07 V4 '~ Form 3051 1101 --:;:::?..Ç...A'MP6A(WY) (0806).00 Initials: ,- Page 7 01 16 (;Oû798 dctemlÏned purslUmt to Section 5 that repair or restonttion is not economicallJ' feasible, Borrower shall promptly repair the Property if damaged to avoid further deterionttion or damage. If insurance or condemnation pmceeds are paid in connection with damage to, or the taking of, the Property, ßon'Ower shall be responsible for repairing or restoring the Property only if Lender ha<¡ relea<¡ed proceed.. for such pUl']JOses. Lender may disburse pmceeds for the repairs and restoration in a single payment or in a series of progress payments w. the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. It' it has rea,>onablc cau,>e, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cau,>e. 8. BQl"rower's Loan Application. Borrower shall be in default if, during the Loan application process, Bon'Ower or any pel'Son,> or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccm'ate infomlation or statement<¡ to Lender (or failed to provide Lender with nlaterial infomlation) in connection with the Loan. Material representations include, but are not limited to, representations concenúng Bon'Ower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. It' (a) Borrower fails to peñonn the covenants and agreements contained in this Security In<itmment, (b) there is a legal pmceeding that might significantly affect Lender's interest in the PropeT1}' andlor light,> under this Secmity In<itnnl1ent (such a<¡ a proceeding in bankruptcy, probate, for condellmation or forfeiture, for enforcement of a lien wlúch may attain pJiority over this Secmity IŒtrument or to enforce laws or regulations), or (c) Bon'Ower bas 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 In<itrument, including protecting andlor assessing the value of the Pmperty, and securing andlor repairing the Property. Lender's action<! can include, but are not limited to: (a) paying any sums secured by a lien wlúch hw. priority over tlús Secmity Instrument; (b) appeming in com1:; and (c) paying reasonable attorneys' fees to protect its interest in the Property andlor lights under tlús Security IŒtnunent, including its secured position in a bankruptcy proceeding. Securing the Pmperty includes, but is not limited to, enteJing the Property to malœ repairs, change lock,>, replace or board up doors and windows, drain water fmm pipes, elinùnate building or other code violation; or dang emus conditions, and have utilities turned on 01' off. Although Lender may take action under tlús Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incmos no liability for not taking any or all action-. authorized under this Section 9. Any amounts disbUl1ied by Lender nnder this Section 9 shall become additional debt of Borrower secured by this Security IŒtrument. These anlOunts shall bear interest at the Note rale, from the date of clisbUlosement and shall be 113yable, with such interest, upon notice fmDl Lender to ßOl1'Ower requesting payment. If tlús Security IŒtroment is on a lea<iehold, Borrower shall comply with all the pmvisions of the lease. If ßorrower acqlûres fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. It' Lender required Mortgage IŒurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage IŒurance in effect It', for any reason, the Mortgage Insurance coverage required by Lendcr ceascs to be available fmm the mortgagc in<¡urer that previously provided such insurance and Bon'Ower was required to make separately designated payments 001120599588 WYOMING, Single Family· Famie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP® W oltors Kluw or financial Services CitiMortgage 3.2.21.07 V4 .~ Form 3051 1101 . . ;....::-",,:t-_._VMP6A(WY) (0808).00 I nltool.: Pago 8 01 16 [~Oô799 toward the premhmlO for Mortgage Insunmce, Borrower shall pay the premiums reqlured to obtHin coverage substantially etJuivalent to the MoI1gage lŒurance previously in effect, at a cost suh<;tantially equivalent to the cost to Bon'Ower of the MOIigage Tn<;w"3ßce previou'ìly in effect, from an alternate mortgage in<;urer selected by Lender, H substantially equivalent MOligage bW1U1ce coverage is not available, Borrower shall continue to pay to Lendel' the anlount 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 &'ì a non-refundable loss reserve in lieu of MOligage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. 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 insw-er selected b}' Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiunlS for Mortgage Instu'llJ1ce. If Lender required Mortgage Instu'llJ1ce as a condition of making the Loan and Borrower wa'ì required to make separately designa~d payments toward the premiunlS for Mortgage lŒtu'IIJ1ce, Borrower shall pay the premiunlS required to maintain Mortgage Insw-ance in effect, 01' to pl'Ovide a non· refundable loss reserve, until Lender's requirement for Mortgage Insurance end'ì in accomance with any written agreement between Borrower and Lender providing for such ternùnation or until temùnation is required by Applicable Law, Nothing in this Section 10 affects Borrower's obligation to pay interest at the mte provided in the Note. MoI1gage Insurance reimburses Lender (or any entity that purchases the Note) for ceI1ßÎn losses it may incur if Bon'Ower does not repay the Loan a<; agreed. Borrower is not a pm1:y to the Mortgage burance. Mortgage insure..s evaluate their total risk on all such insurance in force from time to time, and may entel' into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on tenns and condition<; that are satisfactory to the mortgage in<;urer and the other party (or parties) to these agreements. These agl-eements may require the mortgage insurer to malœ payments using any source of funds that the mortgage insurer may have available (which may include fund<; obtained from Mortgage 1R;unmce premiunlS). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any othel' entity, 01' any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or DÙght be charactelized as) a portion of Borrower's payments for Mortgage Instu'llJ1ce, in exchange for sharing 01" modifying the mortgage iusw-er's risk, 01" reducing losses. If such agreement pl'Ovides that an affiliate of Lender takes a share of the illSurer's risk in exchange for a share of the premiunlS paid to the insw-er, the arrangement is often termed "captive reinsurance. " Further: (a) Any such agl'eements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other term.. of the Loan, Such agreements wiII not increase the amount Borrower wiII owe for Mortgage Insm'ance, and they will not entitle Borrower to any I'efund. (b) Any such agreements will not affect the right,> Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law, These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of' Miscellaneous Proceeds; Forfeiture. All Miscellaneou~ Proceeds are hereby assigned to and shall be paid to Lender, 001120599588 WVOMING· Single family· Fannie Moo/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP@ Wolters Kluw er Financial Services CiliMortgage 3.2.21.07 V4 ~ Form 3051 1/01 ...--¿ '7') VMP6A(WV) (0806).00 Initialb -~ Page 9 of 16 (;00800 If the Property is danmged, such Miscellaneous Proceeds shall be applied to restomtion or repair of the Property, if the restol'3uon or repair is economically feasible and Lender's security is not lessened Ounng such repair and I'cstol'3tion peliod, T .cndel" shall have the right to hold such Miscellaneoll<; Proceeds w1til Lender ha., had an opportwûty to in<;pect such Property to en"w"e the work ha., been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repail'S and restol'3tion in a single disbursement or in a series of progress payments a<; the work is completed. Unless an agreement is made in writing or Applicable Law requiœs interest to be paid on such Miscellaneous Proceeds, Lender shall not be requiœd to pay Bonuwer any interest 01' earnings on such Miscellaneous Proceed<;. fi' the œstol'ation or repair is not economically feasible or Lender's secmity would be lessened, thc Miscellaneous Proceeds shall be applied to the sums secw-cd by this Security In<;trumcnt, whether or not then due, with the excess, if any, paid to BOJTOwer. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. fu the event of a total taking, destroction, or loss in value of the Property, thc Miscellaneous PJ.-oceeds shall be applied to the sums secured by this Security lŒtrument, whether or not then due, with the excess, if any, paid to BOITOwer. In the event of a partial taking, destruction, or loss in value of the PJ.-operty in which the fair market value of the Property immediately, before the partial taking, destruction, OJ" loss in value is equal to or gœ.ate¡" than the aIllOlmt of the Slml\; secured by this Security Instnm1ent inmtediately before the pæ1ial taking, destruction, or loss in value, unless Bonuwer and Lender otherwise agree in writing, the sums secuœd by this Security Tn<;trument shall be œduced by the anlount of the Miscellaneou<; Proceeds multiplied by the following fl'3ction: (a) the total anlOunt of the sum<; secured inUl1ediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Bonuwer. In the event of a partial taking, destroction, OJ" loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destroction, or loss in value i<; less than the amount of the sums secured immediately before the partial taking, destroction, or loss in value, unless Bonuwer and Lender otherwise agree in wliting, the Miscellaneous Proceeds shall be applied to the sums secw-ed by this Security lŒtrument whether or not the sums at"e then due. If the Property is abandoned by Bonuwer, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Bonuwer faiL<; to respond to Lender within 30 days after the date the notice is given, Lender is autholized to collect and apply the Miscellaneous PJ.-oceeds either to restol'3tion or repair of the Property or to the sums secUl'Cd by this Secmity lŒtrument, whether or not then due. "Opposing Party" mean<; the third party that owes Bonuwer Miscellaneous Proceed<; or the party again<;t whom Bon-ower ha<; a right of acûon in regard to Miscellaneous Proceeds. BOITOwer shall be in default if any action or proceeding, whether civil or climinal, is begun that, in T.cnder's judgment, could I"eSUlt in fOlfeituœ of the Property or other matel;al impail1l1ent of Lender's interest in the Property or light.. mner this Seculity In<;trument. BOlTOwer catl cure such a default and, if accelel'3tion has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes fOlfeiture of the PJ.-operty or other mateliaJ impainnent of Lender's interest in the Property or lights under this Secmity lŒtrument. The proceeds of any award or claim for danmges that at'C attributable to the impairment of Lender's interest in the Property m-e hereby assigned and shall be paid to Lender. All Miscellancou<; Pmceedc¡ that arc not applied to restol'3ûon or repair of the Property shall be applied in the order provided for in Section 2. 001120599588 WYOMING· Single Family' fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP@ W Dlters Kluw or Financial Services CllIMortgage 3.2.21.07 V4 .....---<::..~ Form 3051 1/01 . . J ..../ VMP6A(WY) (0806).00 Initials=' --. Page 10 of 16 000801. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modjfication of amortization of the sums secured by this Security .l.Œtrument granted by Lender to ßOITOwer or any Successor in Interest of ßOITOwer shall not operate to relea..e the liability of ßOITOwer or any Successors in hlterest of Bonl1wer. Lender shall not be reqrured to conmlence proceedings again'it any Successor in Interest of BOITOwer or to refuse to extend time for payment or otherwise modify amOl1Ïzation of the sums secured by this Security Imtrument by reason of any demand made by the original Bon"Ower or any Successors in Interest of BOITOwer. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from thinI persons, entities or Successors in Interest 01' Borrower or in amount'ì less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-si~ners; SuccessOl's and Assi~ns Bound. Borrower covenants and agrees that BOITOwer' s obligations and liability shall be joint and several. However, any BOITOwer who co-signs this Security .l.Œtrument but does not execute the Note (a "co-signer"): (a) is co-siglÚng this Security .l.Œtrument only to m0l1gage, grant and convey the co-signer's interest in the Property under the terntS of this Security IŒtrument; (b) is not personally obligated to pay the Sun1S secmed by this Security IŒtrument; and (c) agrees that Lender and any other BOITOwer can agree to extend, modify, forbear or make any acconmlodations with reganl to the tenus of this Security IŒtrument or the Note without the co-signer's consent. Subject 10 the provision.. of Section 18, any Successor in Interest of Borrower who assumes ßonuwer',,, obligation.. under this Security Il1'itrument in writing, and is approved by Lender, shall obtain all of BOl1l1wer's right<; and benefits mxler this Security Irntrument. BOl1l1wer shall not be relea'ìed from Bon"Ower's obligations and liability under this Security Imtrument unless Lender agrees to such release in writing. The covenants and agreements of this Security .l.Œtnmtent shall bind (except as provided in Section 20) and bene,fit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perfonned in connection with Borrower's default, for the purpose 01' protecting Lender's interest in the Property and rights under this Security lmtrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In re~anl to any other fees, the absence of express authority in this Security Imtnunent to charge a specific fee to BOITOwer shall not be construed a.. a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security b1Strument or by Applicable Law. H the Loan is subject to a law wmch sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the pemtitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pernùtted limit; and (b) any SUD1S already collected from Borrower which exceeded pennitted limits will be refunded tu Burrower. Lender may chouse to make this reftmd by reducing the princiJ»ll owed under Ote Note or by making a direct payment 10 Borrower. H a refund reduces principal, the reduction will be treated a., a pm1ial prepayment without any pœpayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to BOITOwer will con.,titute a waiver of any right of action Bonuwer might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Imtrument must be in writing. Any notice to Borrower in connection with this Security Imtnmtent shall be deemed to have been given to Borrower when mailed by first ch~..s mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any onc Borrower shall constitute notice to all BOITOwers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Addre..,s 001120599588 WYOMING - Single family' Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP® Wolte", KlWlor Rnenclal Services CitlMortgage 3.2.21.07 V4 ~-....... Form 3051 1/01 .:../ ""AMPtiA(WY) (0806).00 Initlals.= =--- Page 110118 ûOi.j802 lmless Bonuwer hæ; designated a substitute notice address by notice to Lender. Bon1.lwer shall promptly notify Lender of Bonuwer's change of address. If Lender specifies a procedure for reporting BOITOwer's change of address, then Ronuwer shall only report a change of address through that specified procedure. 111ere may be only one designated notice address under this Security In<itnunent at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Bon1.lwer. Any notice in cOI1Ilection with this Security Imtrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Imtmment is also required under Applicable Law, the Applicable Law n~quirement will satisfy the con-esponding requirement under this Security Instrument. 16. Governing Law; Sevel"llbilityj Rules of Construction. This Security Imtl1.lment shall be govemed by federal law and the law of the jmisdiction in which the Pl"Operty is located All rights and obligation~ contained in this Security Imtmment are subject to any requirement~ and limitation~ of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be constnJed as a prohibition against agreement by contract. In the event that any pl"Ovision or clause of this Security Imtnullent or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of tlús Security ImtnJment or the Note which can be given effect without the conflicting provision. As used in this Security Imf11lment; (3) worns of the masculine gender shall mean and include corresponding neuter worn.. or words of the feminine gender; (b) words in the singular shall 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's Copy. ßonuwer shall be given one copy of the Note and of this Security Imtmment. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to. those beneficial interests transfen-ed in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Bonuwel' at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold 01' transfemd (or if Bonuwer is not a natural person and a beneficial interest in Bonuwer is sold or transfemd) without Lender's prior written consent, Lender may require inmlediate payment in full of all sums secm-ed by this Security IŒtnJment. However, this option shall not be exercised by Lender if such exercise is pmhibited by Applicable Law. If Lender exercises this option, Lender shall give Bon1.lwer notice of accelerntion. The notice shall pmvide 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 Security Irntnunent. If Borrower fails to pay these sums prior to the expirnûon of this period, Lender ma)' involœ any remedies pe11lúUed by this Security Tn~trument without further notice or demand on Ron'Ower. 19. Borrower's Right to Reinstate After Acceleration. If BOlTOwer meet.. certain condition.., Bonuwer shall have the right to have enforcement of this Security ImtnJment discontinued at any time prior to the earliest of: (a) five days before sale of the Propeliy pursuant to any power of sale contained in this Security IŒtJ:ument; (b) such other period as Applicable Law might specif:y for the tennination of Bonuwer's right to reinstate; or (c) entry of a judgment enforcing this Security Imtrument. Those conditions are that Bonuwer: (a) pays Lender all sun1'ì which then would be due under this Security wtnJment and the Note as if no accelemtion had occlllTCd; (b) cures any default of any other covenants or ~reements; (c) pays all expenses incUITed in enforcing this Security IŒtnJment, including, but not limited 001120599500 WYOMING, Single Family - Fannie MaelFroddie Mac UNIFORM INSTRUMENT WITH MERS VMP@ Wolters Kluwer Ananclal Services CitiMorfgage 3.2.21.07 V4 ~ Form 3051 1/01 Initi.I~- P6A(W~010~~~.~~ ûO{v803 to, reasonable attorneys' fees, property iru;pection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Ins1rument; and (d) takes such action as Lender may reasonably require to 8'isure that Lender's interest in the Property and right.. under this Security In<itnunent, and Bonuwer's obligation to pay the SWll'ì secured by thi.. Security InstmD1ent, shall continue unchanged. Lender may require that BOlTOwer pay such reinstatement sun"l'> and expenses in one or more of the following fonns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurel" s check or cashier's check, provided any such check is drawn upon an institution whose deposits are insw-ed by a federal agency, instrmnentality or entity; 01' (d) Electronic Funds Transfer. Upon reinstatement by Bon"Ower, this Security Instrmnent and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this SecuritJ' Instrmnent) can be sold one or more times without prior notice to BolTOwer. 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 Instmment and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or moI'e changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servker, Bonuwer will be given written notice of the change which will state the nanlC and address of the new Loan Servicer, the address to which payment.. should be made and any other imornmtion RFSPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the J ,oan is serviced by a Loan Servicer other than the purcha..er of the Note, the mortgage loan servicing obligatioll'ì to BolTOwer will remain with the Loan Servicer or be transfeITed to a successor Loan Servicer and are not assumed by the Note pul'Chaser unless otherwise provided by the Note purchaser. Neither Bon"Ower nOl' Lendel' nmy commence, join, or be joined to any judicial action (a., either an individual litigant or the member of a class) that arises from the other party's action; pW'Suant to this Security Instmment or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Secwity InsCnunent, until such BOlTOwer or Lender has notified the other party (with such notice ~iven in compliance with the requinmlents of Section 15) of such alle~ed breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elap;e before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to BOl1"Ower pW'Suant to Section 22 and the notice of acceleration given to Bol1"Ower pW'Suant to Section 18 shall be deemed to satisfy the notice and opportunity to take cOlTCctive action p1"Ovisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Huzardolls Substances" are those substances defined as toxic or luuanlous substances, pollutants, or wffites by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvent.., materials contallùng a..bestos or forntaldehyde, and radioactive nmterials; (b) "Environmental Law" mean" federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Envi1"Onmental Cleanup" includes any respon.,e action, remedial action, or removal action, as defined in Envil"Onmental Law; and (d) àn "Envi1"Onmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Em'il"Onmental Cleanup. BOlTOwer shall not calISe or pcnnit the presence, use, disposal, storage, or release of any Hazardous Substances, 01.' threaten to relea'ìe any Hazardous Substances, on or in the Propeliy. BOlTOwer shall not do, 001120599588 WYOMING. Single family· Fannie MaelFreddie Mac UNIFORM INSTRUMENT WITH MERS VMP@ Wotters Kluwe, Rnancial Setvlce. CitlMortgage 3.2.21.07 V4 Form 3051 1/01 - ~P8A(WY) (0808).00 Inltlal.i:.:~. Page 13 of 16 OO~)804 nor allow anyoœ else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) wlùch creates an EnvironmenUII Condition, or (c) wlùch, due 10 the presence, use, or release of a Hazardou'i Substance, creates a condition that adversely affects the value of the Propel1y. The preceding two sentences shall not apply to the presence, u<;e, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to norow l'esidential uses and to maintenance of the Property (including, but not limited to, hazardou'i substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or pJivate party involving the Property and any Hazardous Substance or Environmental Law of wlùch Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardou'i Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance wlùch adversely affects the value of the Property. H Borrower learn;, or is notified by any govenunental 01' regulatory authority, or any private pm1y, that any removal or other remediation of any Hazardous Substance affecting tlle Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Envil'Onmental Law. Notlùng herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNJFORM COVENANTS. Borrower and Lender fm1her covenant and agree as follows: 22. Accelemtion; Remedies. Lender shall give notice to Bon'ower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise), The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may l"Csult in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. It' the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the 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 sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrowel' in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Secmity Instrument, Lender shall release this Security Instrument. Bommer shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a thin} party for services rendeœd and the charging of the fee is pemritted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyonù~. 001120599588 WYOMING. Single family· Fannie MaelFreddie Mac UNIFORM INSTRUMENT WITH MERS VMP@ Wolters KJuwer Rnancial Services CitiMort9age 3.2.21.07 V4 __~ Fonn 3051 1101 .~ .- .~-f I'IIA(WY) (0806).00 Initial""'····.."':'""":· Page 14 0116 QO~)805 BY SIGNING BELOW, BOlTOwer Hccepts æxl agrees to the tenns and covenants conUtined in this Security lffitmment and in any Rider executed by Borrower and recorded with it. Witnesses: ~._~_._-~~_. .....:.- - Dakotah J. Dayton (Sign Original Only) (Seal) -BOITOwer 001120599588 WVOMING, Single Family' Fannie MaelFreddie Mac UNIFORM INSTRUMENT WITH MEAS VMP® Worters Kluwer Rnenctal Services CiliMortgage 3.2.21.07 V4 ..---s~ Form 30511101 ~ . MP6A(WV) (0808).00 Initials: . Paga 16 of 18 Üûi),806 STATE OF WYOMING, Ll i\ L /J \ (\ ~L( ~\") Q\~ dCD~ County ss: This imitl1lment wa.. acknowledged before me on by ~~\ð-\\"'~~ My Onn..,;,,;oo Exp;"" c¡~\ ~ \";) - --~ f}~~d 4 4 4 COLLEEN M. BEARD Notary Public Llftcoln County / Wyomltl, 0 l(: -1(Y)/-"1' My CommlllloilEUlre. 7 ,01. _. ...... "",c,,,",·,..._. ..... .....- ".. Title (and Rank) 001120599588 WYOMING.. Single Family. FaMie MaelFroddie Mac UNIFORM INSTRUMENT WITH MERS VMP® Wolters KJuw er Rnanclal Serviœs ~rlg.g. 3.2.21.07 V4 /':- Form 3051 1101 VMP6A(WY) (0806).00 Initials: Page 16 of 16