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HomeMy WebLinkAbout948319fL, Return To: CitiMortgage, Inc. Attn: Document Processing P.O. Box 790021 St. Louis, MO 63179-0021 Prepared By: CitiMortgage, Inc. 1000 Technology Drive Or Fallon, MO 63368-2240 Hick/nAN and itle Company SINCE 1904 RECEIVED 7/1612009 at 4:05 PM RECEIVING # 948319 BOOK: 727 PAGE: 595 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY uuoy`\ [Space Above This Line For Recording Data] MORTGAGE MIN 100011511207490641 DEFINITIONS r.j 0CY 595 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, together with all Riders to this document. (B) "Borrower" is Steven K. Whiteside, And Whiteside Family Trust which is dated July 9, 2009 Shauna J. Whiteside, Steven K. And Shauna J. Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. 001120749064 0 Giti ortgage 3.2.23.04 V4 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP® ~./(„j' Form 3051 1/01 00 Wolters Kluwer Financial Services P6 Form (051 1/ Initials Page 1 of 16 u0 5 9 6 (D) "Lender" is CitiMortgage, Inc. Lender is a Corporation organized and existing under the laws of New York Lender's address is 1000 Technology Drive, O' Fallon, MO 63368-2240 (E) "Note" means the promissory note signed by Borrower and dated July 9, 2009 The Note states that Borrower owes LenderNinety Six Thousand One Hundred Fifty Dollars (U.S. $ 96,150.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than August 1, 2039 (F) "Property" means the property that is described below under the heading "Transfer of Rights 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 Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider F7 Condominium Rider ❑ Second Home Rider Balloon Rider F7 Planned Unit Development Rider 1-4 Family Rider VA Rider ❑ Biweekly Payment Rider 0 Other(s) [specify] Other(s): (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (1) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 001120749064 ~ C11 ortgage 3.2.23.04 V4 WYOMING. Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3051 1/01 VMP VMP6A(W P( Wolters Kluwer Financial Services Initial , ; Page e 2 2 of of 16 16 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the County of Lincoln [Type of Recording Jurisdiction] See Attached Schedule A [Name of Recording Jurisdiction] Parcel ID Number: which currently has the address of 628 Worton Lane [Street] Auburn [City] , Wyoming 83111-8801 [Zip Code] ("Property Address"): TOGETHER 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 Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any 001120749064 t 0119,19. 3.2.23.04 V4 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS • . Form 3051 1/01 VMP8 VMP6A(WY) (0806).00 Wolters Kluwer Financial Services Inllials: Page 3 of 16 C,061598 or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower 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. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be 001120749064 C"Q Cl ortgage 3.2.23.04 V4 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS a- 5/'f~J Form 3051 1/01 VMP® MP6A(WY) (0806).00 Wolters Kluwer Financial Services Initials: f'` Page 4 of 16 9L 40 9 06ed .'7s18111u1 sanlmes lapueulj iamnlN sialloM 00'(9090) (AM)V9dWA dWA LOA LSO£ S113W H11M 1NWYnIUSNl WNOdINn oeW alppaimaeyy aluuej - Allwej 816UIS - ONNOAM 4A 40'EZ'Z'E a6e6~io IO Y9066LOZLL00 'VdSHH,Cq pallnbal se spun3 aqI 3o 2upunome Ienuue up 'a2lego InogllM '1aMO11og 01 MIS IIEgS lapual SPUnA aq) uo pled aq Ilugs )Sa13lU1 IEq) '1anaMOq 'Sul T1M UT aal& U133 lapual pue lannollOg •spung aqa uo s2ululea to Jsalalul SUL' lannollog ,Cud Oa pallnbal aq )ou IIEgs lapual 'spunq aqa uo pled aq o) lsala)ui salinbal Mp'I alquxgddy 1o 2unT1M UI apEU1 ST )uatua012E ue SSaIUfj •a21pg0 E gons a3pm of lapua-I s)lwlad m I algEOllddy pup spun3 agI UO )Sa1a)ui 1aMOllOg S,(ed SapUa'I ssalun 'Stua)I MO1093 agi 2UTX31laA 10 ')unowe MOlOSa all Sum(jem, ,CUenuuu 'spung aqI 2tulcidde pup 2ulploq lo3 1aMollog a1lego lou IIEgs lapual Vdggg lapun pa13l0ads aunj agi uegl lalEl ou small Molosg aq) Ad of spun3 aqa XIddu IIEgs lapua•I 'NuEg uuo7 a1UGH 12-10Pa,g SUL' ul to (palnsui os axe sllsodap asogM uopn)psui up sT lapua-I 3i 'lapua'I 2ulpnl0ui) ~Clpua to ' C)lie)uawnl)sul 'ima2e lulapa3 u kq. palnsui we s)lsodap asogM uopn)nsul Ue uI plaq aq Tlegs spung aq,l, • MT1 algeogddd q)lM aoueplooje ui aslMlaglo so swa)I Molosg a1n)n3 3o sa.mlipuadxa 3o sa)etupsa algeuosual pup u)pp )ualma 3o siseq aq) uo anp spun3 3o )unowe aq) alewpsa IIEgs lapua-I •ddsgg lapun allnbal ueo lapual u lunowe ummTxutu aqj paaaxa o) Iou (q) pup 'ddSgg lapun pa13ioads aural aq) Iu spung agI Xlddp o) lapua•I llwlad o) lualog3ns (u) )unowe up ul spun,q ploq pup )oalloo 'aunt SUE Iu ' Cutu lapual -C jaS uo.1 slq) lapun palmbal uagl alu )pip 'slunowu gons UT PUB 'Spun3 Ile lopua'I 0) Xpd IIEgS 1amo.i10g 'UOTIEOOAal gjnS UOdn 'PUB gl uoij:% glint aamp1o00e UI UaAi2 aOT)OU E Xq awn Sue le Swag MO1OSg IIE 10 XUE 0) SE laAIEM aqI ajOAa1 J(Ew lapUa'I 'lUnowE gons Sue lapua-I Ol hdal 0) 6 UOnOaS lapun palE21lg0 aq uagl IIEgS 1aM011og pup lunowe gons SEd put! 6 uOTIOaS laPUn SIg211 SIT OST01aXa Xetu lapua'I 'wall M01oSg up lo3 anp lunowe aqI XEd of SITES lamollog PUB 'laAIEM E O) IUEnslnd 'Spoalip Small Molosg ,CEd 0) pa)E2TIgo ST iaMoljoq 3I -6 UOTIOaS ui pasn ST „luawaal2e PUB IUEUaAOO„ asElgd aq) se ')uawnl)suj ,GllnoaS siq) uI pauleluoa )uatuaal2p pup )ueUanoO E aq of patuaap aq sasodmd He so3 Ilegs s)dlaoal aplnold o) pup s)uawiBd gons a3lutu o) uope2Tlgo s,laMollog •allnbal Xetu lapua•I se pollad amp gons uTgITM luaw,CEd gons 2uT0Uaplna s)diaoal lapua-I oI gSTU1n3 IIEgS 'salmbal lapuall 3i 'puE lapua-I Xq paATEM uaaq seq spung 3o )uatui(ed golgM 103 Swa)I Molosg ,CUE 103 anp s)Unowe aqI 'algeXed a1agM pup uagM :klloallp Xed Ilegs 1aMo11og 'laAIEM gons 3o Juana agI uI •2UnI1M UT aq )CTUo XEU1 laAIEM gons XuV -aUnl ,Cue IE sma)I Mojmg Ili! 1o he 1o3 spunr•I lapual 0) ked of UOnp2ilgo s,1aM0110g aATEM XEw lapUa•I -Small MOlOSg TIE 10 ,Cue 103 spun3 aqj hd o) uoilegilg0 s,1aMOllog sanlEM lapuall ssalun swa)I Molosg 1o3 spun3 aqI lapua-I ked Ilegs laMollog •uoilOaS sigl lapun pled aq of s)unotue 3o samlou Ile lapual of gstuln3 SlIdwold Ilugs 1aMo11og -wall Molosg up aq Ilugs sluawssasse PUB saa3 'Sapp gons pup '1aMollog Xq paMolosa,aq ',Cue 3i 's)uawssassy put! 'saa,g 'sang uollEiOossy /CllunwtuoD Imp almbal few lapua-I 'uuo•I aq) 3o w1a) ag) 2ullnp awl) Xuu le 1o UOTIRU12TJO Id „ stua)I Molosg„ pallEO am small asaq,T, '0I UonoaS 3o SUOTSTA01d aq) q)IM aOuepimm, ui stunltuald a0uulnsul aWpolq 3o )uatuked agi 3o nail ul iapua'I of 1aMollog Cq algeXed scans Sue to IXUR 3i 'SwnTwald aauElnsul a2E21loW (p) pup :5 uopaaS lapun lapual (q pallnbal aoUElnsuT IF Put' ,Cue l03 SUMituald (O) :XUE 31 ',Clladold aq) uo s)ua1 punol2 so s)uawXud plogaspal (q) 'Xiladold aqI uo 3ouelgwn0ua 10 wall E SE JUauIIT1ISUI XL)TMaS STg) 1aAO (IT10ild um)IE UEO gOIgM Small Saglo PUB SJUMMSSE PUB SaXE) (E) :103 anp s)unouie 3o Iuatu,CEd 1o3 aplnold o) („spun3„ alp) tuns u 'IIn3 ui pied sl a)oN ;)q) Ipun 'aloN aqI lapun anp we sluamh'd oipoTlad ,CEP agI uo lapua•I o) Cud pegs laMollog -small Molosg lo3 spun3 •sluawked oipoTlad aqI 3o ')unowu aq) a2uugo to 'a)ep anp aq) auod)sod 1o pua)xa )ou IIEgs a)oN aq) lapun anp ledloulld 01 spaa0old SUOM'1193silN so 'spaaoold amelnsul 's)uaw/Ced 3o uoT mIdde Cud •aloN ay ul paqllosap se uaq) pup saSmIa IuamSedald Sue of )s1g palldde aq llugs s)uatukeda1d lfle)unlOA •anp sa2lega alel Sue o) palldde aq XEw ssaaxa gons `s)uawked olpoilad aloes so auo 3o )uauiXLd IIn3 aq) o) pallddu sI )uatuXud aqI la13E slslxa ssa0xa kue leq) Iualxa aq) oZ •IIn3 Ui pied 66si'.I V JI,Sluf'Y6®0 If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (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 Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the 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 service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, 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 the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the 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 obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall 001120749064 1 ortgage 3.2.23.04 V4 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3051 1101 VMP MP6A(WY) (0806).00 Wolters Kluwer Financial Services Initials: Page 6 of 16 w0, 0.t become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is 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 shall not be paid out of the insurance proceeds and shall 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 shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is 001120749064 C IMortgage 3.2.23.04 V4 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS r: Form 3051 1/01 VMP® MP6A(WY) (0806).00 Walters Kluwer Financial Services Initials: ` Page 7 of 16 -0602 determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as 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. If it has reasonable cause, 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 cause. 8. Borrower's Loan Application. Borrower shall be in default if, during. the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower'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. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires 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. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments 001120749064 CltiMortgage 3.2.23.04 V4 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3051 1/01 VMP® ttV MP6A(WY) (0806).00 Wolters Kluwer Financial Services Initials: Page 8 of 16 9L 10 6 06ed sleplul mjmas Iehueulj iamnlN siealoM V, I 0019090) (AM)V9dW ' ®dWA LO/L LSOE uu0j cM S113W HIM 1N3wnHiSNI W80JINn aeW alppaij/aeW aluuel - ABwel BATS - JNIWOAM VA 40'EZ'Z'E .6.1611 Wp O 69066LOZ L L00 •Iapua-I of pled aq Ilegs pm, of pauSlsse Sgalag on spaaaold snoauejlaoslW JIV •alnlia33o3 'spaaooid snoauelloosilN 3o pomuftsy •11 •uolleulurlal Io uogsjjaouso 11ons 3o aural all Ie pouleaun alaM pup sumiurald aouemsuj ageBllow XU1I 3o pun3al e OATaoaa 01 to/PUS ',Cjjeolleurolne paleulwlal aouemsuj aSeSIloW aqI aABq of 'aouelnsul agugllow all 3o uollsllaoueo ulelgo pus Isonboi of 'saansoloslp ulellao miooal of 1gSll aqI opnjou[ kom sjgSll osolll •A1eI Iaglo Cue to 8661 3O Jod uol alold slaumOawo13 0111 iopun ooueansui ogioSpow oql of Iaadsal gllm - Xus 3l - seq IaMollog sjgSll oq1 loopio Iou Ipm sluOwaalfe gons Xud (q) -pun3a3 Xue of IaMollog ajllluo lou IIIM ,fall pue 'aoueinsul agegliojnl Io3 aMo Illnn IaMollog Iunowu aqI osuo mui IOU IIIAL sluawa2l2a gonS •uso•j all 3o suraal Iaglo Cue to 'aousansui 08138IIoIx Io3 ,Cad of paal2e seq IaMollog Iegl slunowe all pa33u lou jinn sluomooige Mons Xud (e) :Iaglin,3 „•aouemsulal anpdeo„ pawiaa ua)3o sl )uawa2uelle all 'Iamsm alp of pled swnlwald aqj 3o .legs E Io3 0SUeg0X0 III NSil S,Ialnsul all 3o alelS a sale) lapua-I 3o OIBIT j3e ue leg; saptnold JuawaalBe gons 3j •sassol gulonpal s0 'ISTJ s,Iamsul 32PSIJOw all Sul, 1 OUT 10 Sullegs Io3 a2uegoxa ui 'amuinsul aReSpoW Io3 sluawSud s,IHMOIIog 30 u0plod a (se paniapulep aq JgSmi Io) w013 aAlIap )eyl s)unowe (1fp091rpul JO 1fJJ:Mlp) aAlaaal ;few 'Bui0sa103 aq) 30 Mlle 3o a)eilg3e SUIR 30 ',CJpua Iaylo due 'Ialnswal Sue 'IaSnsui Iaq)Oue 'aloN all 30 Iasupind Xue 'lapuaZ 'sluawaal2e asaq) 3o )jnsal a sy • (swnlwald aouelnsul ases)Iow wol3 pautilgo spun3 apnjoul ;few golgM) ajgellene aneq ,few Ialnsul aSESjJOw all Jell spun3 30 aOlnos Xue Sulsn s)uatuXud axew Ol Ialnsul a2e9)IOw all aljnbal ;few s)uawaalse asagj, •sluawaalse asal) of (sapled lo) died Iagjo all pue Ialnsul aSuSpow aq) o) k1opupt us ale Jell Suoplpuoa pue swlaJ uo aIe quawaaAe asaq j •sassol aOnpal 10 ')ISIl hall fg!pow Io alegs jell sapled Iaq)o q)rm s)uawaaiSe o)ul Ialua ,few pue 'awl) 01 awl) w013 a3lo3 ul aouelnsul yons IIe uo JSU Ie)OI Ilaq) aJenjena slalnsul a2e211oW •aouelnsuj aSeSjloW all 0) filed a IOU SI IaMollog •paalge Se ueo'I aq) Medal jou saop IaMollog 3l InOul Jfew )l sassol ulejlaa l03 (3)ON all saseyalnd jell X)pua Sue lo) Iapua? sasingwlal aouemsuj aSeSpow •a)ON all III paplnold alai all le lsala)ui ,fed o) uopuSilgo S, lamollog s)aa33e pI U01 pas sltg ul Buly)oI~I Mel ajgeoljddy ,fq palmbal sl uopeulwla) jl)un so uopeulwlal vans lo3 2ulpjnold Iapua-j pue lamollog uaamjaq juawaaiRu uallIlm SUe gjIm aouepl000e ul spua aouemsuj aSuSjloW 103 )uawallnbal s,Iapua-I Ipun 'aAlasal ssol ajgepun3al-uou a aplnold of Io ')oa33a ul aouelnsul age2lloW ulelulew of palinbal swnlwald aqI (Ed hags lamollog 'aouemsuj aSugllow Io3 swnlwald aq) plemo) sjuawXed paleuSisop Slajeledas o)pw 0) palinbal sum IaMollog pue ueo-I all Stnium 30 uoplpuoo a se aouelnsul a2e2pl W palmbal Iapua-I 3j •aauelnsul aguSlioN lo3 swnlwald all plemol sluawlfed papuslsap ,Cjaleledas salmbal lapua-I pue 'paulejgo si 'ajquIpme sawooaq ule$e Iapua'I Xq pa)oalas Ialnsul ue Sq paplnold (salinbal lapua-I jegj pollad alp Io3 pue junowe all ul) 92elaA03 aouemsuj aSe2)loW 3l sjuatuSed aAlasal ssol allnbal IaBuol ou un Iapua-I •aAlasal ssol gans uo SSuiulea 10 )sala)ul he lamollog /fed o) palmbal aq )ou Ileys lapuaZ pue 'IIn3 ul pled ,flalewpm sl moo-I aq) jeq) loe3 all gulpuejsgjlmjou 'algepun3al-uou aq Ilegs anlasa3 ssol gonS •aauelnsuj aSeS)JOW 3o nail ul anlasal ssol ajgepun3a3-uou a se s)uamhd asagj ule)aI pue asn ')daooe Illm Iapua-I •)aa33a m aq of pasuao 02UJOAOO a011emsul all uagM anp alaM Jul) s)uawked pa)eu~irsap XIaleledas aq) 3o )unowe al) lapua'I o) fed of anulluoo jjuls lamollog 'ajqullene IOU St Aelanoo aouemsuj 38e2)IOW Jualenmba Xllepuelsgns 3j -lapua-I Xq paloalas Ialnsul a2uS)low a)RUlalle uu wol3 'pa33a ul ClsnOTAald aouemsuj a2u2poW all 3o lamollog 0) Is03 all 0) lualenlnba XjlepueJsgns lsoo a )e '130330 III SISnolnald aouemsuj a2u5jloW all o) juajeninba XjjepUm)sgns aSelano0 up!)go Ol palinbal swnlwald aq) ,fed IIegs lamollog 'aouelnsul aBeSjloW 303 swnlwald all plemol vela/" a~:I If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial 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 fallowing fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, 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, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration 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 forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 001120749064 CItlMortgage 3.2.23.04 V4 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS d: Form 3051 1/01 VMP VMP6A(WY) (0806).00 Wolters Kluwer Financial Services Initials: Page 10 of 16 -066®" 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse 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 Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts 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-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall 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 Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which 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 permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment 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 Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address 001120749064 (Mortgage 3.2.23.04 V4 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS 1 Form 3051 1/01 VMP VMP6A(WY) ( Wolters Kluwer Financial Services Initials. : Page 11 of of 16 16 unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one 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 Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations 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 construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words 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. Borrower shall be given one copy of the Note and of this Security Instrument. 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 transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less 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 Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited 001120749064 ;~ortqap 3 Pa.2.23.04 V4 WYOryry~~ING . Single Family . Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3051 1/01 VMP ® ( Wolters Kluwer Financial Services Initials: 1;` Page 12 of of 16 16 to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument 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 Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged 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 elapse 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 Borrower pursuant 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 corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, 001120749064 ~IM rtgage 3.2.23.04 V4 WYO® MING. Single Family. Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3051 1101 VMP P6A(WY) (0806).00 Wolters Kluwer Financial Services Initials: Page 13 of 16 t4006Q8 nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous 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 private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower 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 result 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. If 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 Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but 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 Security Instrument, Lender shall release this Security Instrument. Borrower 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 third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. 001120749064 CI Mo tgage 3.2.23.04 V4 WYOMING • Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3051 1/01 VMP® P6A(WY) (0806).00 Wolters Kluwer Financial Services Initials: 2._29~ Page 14 of 16 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: )0 4, In - : gAzz-l W" - (Seal) Steven K. Whiteside, individually and as Trustee of orrower the Steven K. and Shauna J.Whiteside Family Trust agreement dated December 21, 2004, for the benefit of Steven K. YV~iteside. 0 Y~j (Seal) Shauna J. Whiteside individually and as Trustee of -Borrower the Steven K. and Shauna J.Whiteside Family Trust agreement dated December 21, 2004, for the benefit of Steven K. Niteside. 001120749064 'iM tgage 3.2.23.04 V4 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3051 1/01 VMP8 F P6A(WY) (0806).00 Wolters Kluwer Financial Services Initials: ~x., Page 15 of 16 STATE OF W'Y`6'l M, -sUO~ This instrument was acknowledged before me on d 447 by S k» W h;+*- si da. ---c Sha ay„a, J. CAAl f- c i dot. My Commission Expires: 9 ~v'sO11 ~ PUB(/c , Cl) i 4ATEOF //~~lllllllil i 1111\\\\~\\ County ss: /4 (V 14"'*4 Notary Pu i Title (and Rank) 001120749064 CltiMor gage 3.2.23.04 V4 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3051 1/01 VMP P6A(WY) (0806).00 Wolters Kluwer Financial Services Initlals: Page 16 of 16 ~''61611 SECOND HOME RIDER THIS SECOND HOME RIDER is made this Ninth day of July, 2009 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower" whether there are one or more persons undersigned) to secure Borrower's Note to CitiMortgage, Inc. (the "Lender") of the same date and covering the Property described in the Security Instrument (the "Property"), which is located at: 628 Worton Lane, Auburn , WY 83111-8801 [Property Address] In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the following: 6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower's second home. Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all times, and shall 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 person any control over the occupancy or use of the Property. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home. 001120749064 CitiMortgage 3.2.23.04 V4 MULTISTATE SECOND HOME RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3890 1/01 Page 1 of 2 Initials:" 56J 365R (0811) VMP Mortgage Solutions, Inc. (800)521-7291 ~ 612 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Second Home Rider. r' (Seal) -Borrower Steven K. Whiteside, individually and as Trustee of the Steven K. and Shauna J. Whiteside Family Trust agreement dated December 21, 2004, for the benefit of Steven K. Whiteside. (Seal) Shauna J. Whiteside orrower 001120749064 MULTISTATE SECOND INSTRUMENT 365R (0811) HOME RIDER - Single Family - Fannie CitiMortgage 3.2.23.04 V4 Mae/Freddie Mac UNIFORM Form 3890 1/01 Page 2 of 2 U!/1b/Y"14a 'h:41 ab(-/3a-blfib HIUKMAN LANDIiILt p8fit bl/bl y Exhibit "4A" The North 450 feet of the Southwest Quarter of the Northeast Quarter (SW'INE'/4) of Section. 35, Township 33 North, lunge 119 West, 6'" P.M., Lincoln County, Wyoming. EXCEPTING THEREFROM the East 834.84 feet thereof.