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954546
Atiance Title Fs row PC Box 1367 Wirer WV 83101 6011019174ET After Recording Return To: Eagle Home Mortgage, LLC 301 116th Avenue SE Suite 400 Bellevue, Washington 9800 Loan Number: J2 X0116 Case Number: 39- 39- 6- 0926064 1Space Above This Lie For Recording Data] M OR! GA E RECEIVED 7/23/2010 at 3:15 PM RECEIVING 954546 BOOK: 751 PAGE 62 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 'GZ THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT MOE 1000452-0000086368-9 DEFINMOMS ir4tords ustxl in multiple sections of this &xutr&nt are defined below and other words are defined in Sections 1 10. 12, 17, 19 and 20. Certain rules regarding the usage of words used in this document are also provided in Section 15_ (A) "Sti tt Instrument" means this document, which is dated JULY 15 2010 with an Riders to this doc ntent. nkrr er "is Rickie L Westbrook and Kelly A Westbrook, Husband and Wife together Borrower is the mortgagor under this Security Instrument. (Q "N E is Mortgage Electronic Registration Systems, Inc. :HERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. VIERS is the mortgagee under this Security instrument IERS is organized and existing under the laws of Deiav,ware, and has an address and tekp1tone nnrnlci 41 Box 2026 Flint, MI 48501 -2026, tel. OM) 679 -MERS. (4 'fir" is Eagle Horne Mortgage, LLC Lender is a DELAWARE LIMITED LIABILI TY COMPANY organized and existing tinder the laws of DELAWARE WYOMING- Single Family- UNtFORT tNSTRUMENT MODWIED FOR DEPARTMENT OF VETERANS AFFAIRS M RS Rev 3tt3 i Page z of 14 DocMagie 157;17:77:1Z: s0044 3 -3 367 ww w. tiocmagic CON? Lender's address is 1 01 116th A.versue SE Suite 40C, a-el 1 evue Washington 98004 (Fa 'Note means dae pron-Ii.. note si:-tr d 4:Act tr,.. 2(210 TheN,v stau that Bic rower o•xes endef ONE HUNDIZED SE% FIVE THOUSAND SIX 11UNDRP1 NINETY -EIGHT AND 00/100 DoskUS. S 17E- 693 0t) pher interest Borrower h prounsed to pay tks deb t in regular P Payments ard re0 pay the debt in Poll not later than AUGUST 1, 20-10 (F) '?pc*' eaexts the property that l-s ds.t. below ruder the- .heztlMg Trsfe.r of Riggs in the Property.' (G) 'Lean" treaus the debt evidemed by the Note, phis interest, any prelnYLWZ dargiN and Late charges due under rhe N. nd all AIMS due under this Scar L. phis intest. (14) "Riderawreg.ms all Riders tot Security InsTrunvnt th e exec b Bkx The t Widen-arc to he executed by Borrower [checkt-ox a aplicantel: Unit D i Ri&r F Mweekly PayElerA R. Second R.oe Panel Otherts) VA A •."SI.,,.`71P"r I nr4 FOLCY D m F [1, Balloon Rid.n. rkni Cdoe Raler (I) "ApprseaMe Lw" meam aft courroan apOicable federal. stze stanates, regulations, ortftuancesand administrative rtes ad or derS (thAt have the effect of law) as well as all 34*i:cable final_ non-appealable ju&cial (I) leorantunity Association ri F. and .Assessramts" alt -.Ries, fees, assesvner-ts mr-iti other charg,e, s *at are impn n Bornrcwr or the Prxery tev a C ...socitiort., homeowners a.-s r sun arpnization. (K) 'Electronic Fonds Transfer' memsau traDsfer of Am& other tan a transp.-Tion orizined h t -eck, drafr, paper inArasnent., wIncla is ni ouszit ai ekcuortic terminal_ eph-mic, instrinn-et comptner, Thiagnaie LIVC so o or&r imtruct, autly.in..w a financial in:Ainon to debit or credit an account Such zetraet iSICUSeS. USA /Soot Iktaited to, point-of-sale trans-s antosed teller machine nans- transfers initiated b tdephOtile. W4e fi'M eel& and automated ck irglxise is (L) "Escrow Items' means those items tini sire descrrlaed Sec,don (M) "Waneltas Prouetke rEc aay comperaatim seul=eni, award ot" clarriwrs or proceeds paid by =y thirk_f play Other thm issin proctls pkd t-snA the_ cos deserPoed ir Sec 5 for (i) damage to, or deAnwtion of, the Pens, (i) tw.dernnatioa or o).1 rAing of all c any part of the Prrtv tiiil cklovevanw ben of etiCACITZation or tiv) masTmesentuions of Or 1.1 as to, the value and co,- of the Property_ (ffi "'trio& Payment" rne--;tris be restetary 3Fri:Crk ftx at-ti intere tu the Note, plus-tiii any arnotous toner Section 3 of alas Sec Ins. (0) "RESTA" means dr. Real Estate --ttlernera Pro:eat-nes At= 12 L.5C §:26-0; smq ktd ip totalation, Regulation X k24 CF. R. Part 3541/i. as they roidu he ar.tten&ifrt nine to zime_ ia arn. 2.4d or cesr teRislatiou or regulation that governs the =rte suitiect rmtter As used in this Security /1..1 "RESTA efer I recuirevriesis and relietiknis ifar.ti to a 'federally related mertga loan' evenif the Loan does not qzalify as a federally related tr.tosge loan' m-.4d; RESPA- (1 "Snoresor in Interest of Botsvrnve meams parry thaf has ken title to the Property. whether or not that party has assunxd Born_ CI G th Ncx.e and-or this Security Ins WYCIMISErvet tiLSTMAiar MODIR533 0. VETERANS AW-A5RS kLERS fiev 1/0 '2 14 Cr 063 aoaxagic4eE www_abatnagiaciam TRANSFER OF Riewrs IN THE PROPERTY C s O64 Ths &amity Instnintent secures to Linder “i) the repa)inerit of the Loan, and all renewals, extensions and modifications ofthe Nate; and Oi l 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 T(solely as nominee t Lender_ and Lender's suceessnrs and assignskarAl to the successors and assi*ns of NIERS. with power of -vEle, the following described property located in the COUNTY of Lincoln hype Or di r.z. kisti rN f Rt.cc WT 2 OF STAR VALLEY RANCH PLAT 12, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON AUGUST IC, 1977 AS INSTRUMENT. NO. 496703 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. A_P.U.: 12-3518-31-1-12-091.00 which currently lias the address of 30 SOLITUDE DR [Stmal STAR VALLEY RANCH Wyoming 83127 CProperty Address': IcitY1 .r TOGETHER WITH all the improvements now cr hereafter erected on the property, and all eaSernetirS. appirtatances, and fixtures now or hereafter a part of the pvcperty. All replacements and additions shall also be -covered by this Security Instrument. All of the foregoing is referred to in &is Security Instrument as the 'Property,” Borrower understands and agrees that MERS holds only legal tide to the interests ramed by Borrower in this Security Instrument but, if necessary to comply with law or custom, MERS as nominee for Lender and Lender* s .S1.14XeSSOES and ab-siens) has the right: to exercise any (x all of those interests, including,. but not Limited to. the right to foreclose and sell the Property and to take any action re&itiired of Lender including, but not limited to, releasing and canceling this Security Instrament, 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, excei3t for encurrihrmces of record_ Borrower warrants and will defend generally the tide to the Property against all claims and demands, subject tt.) any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants fir national Llse and non-uni form covenants with limited variations by jurisdiction to constitute a uniform sectairy instromknt covering real property. UNIFORM COVENANTS., Borrower and Lender covenant and agree as follows: 1. Payer if Principal. Interest, Escrow Items, Prepayment Charges, and Late Charges. •Borrowershall pay when doe the principal of and interest on, the debt evidenced by the. Note and any prepayment charges and tare charg.%. due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments-due undet the Note and this Security Instrurnent shall be tnae.,e in U.S. currency. However, if any check or other WYOBAING-Singte Fan UN tFORN4 INSTRUMENT MOCARED FOR DEPARTMaft OF VETERANS AFFAIRS f,ReY tO1 Page 3 o 14 DOCfiragiC 4K-75:71.7.17, 50a-44 g-1 352 wwwAccmagic-com O65 'Oman/anent received b ode as avm alder the Now -or this Secanny 11..i,a.:.bre is returnoi tz Lei paid. Lender mars that am +ze ail subsequan paytri--s e unrkr the Note az this Sect Instrument be made tn. ceeer more of d` ft.'-klowin.g &ms s 5,4e:4:led by Ldr (a.4 cash; (114 tritmey order: ic) ceri Lied check, bank die&- deck mdtzer's dyed:, prcwided v stzch check -Ls 6 Icon an irrc- 1 f encv, idlArtarkTAllitY_ CW entity, or t-d). Electronic Ftaids Ti &vale/ Payments 31e &eh-A rozeived by Lender wtim re4:".. at the It n &si.i.ateti in the Now-. or gach otha location. as may be iletaold by Let i eordanx with th ic ovios Section 1-Z may yearn anypapnent or partial paynit. if the paynent or partial payin are msifficei b dg the L currr_ Lender may accept any payment or t.larti;d payment 1170-ifficient to bring the L mrrent, without warco- of any rights hereunder or preithEce to its riglgs re.. Rich pavnr- or partial ptayg in the future. but Le is not obEwited w ay sods payments at the time such pas are accepted if ea+. Perirdic Payment is applied as c4" its sdieduled 4k-e dare, theft Lwider d wt pay irriert i ried iird Leder ma:I such onappried ftncls until Bonower makes payment to ;IA the I_ OM meet 11BOrf0V,W does rtC)I. do so within a r ...e.7-.--..orabte period of Le &hall either apply such funds or retwn them to Borrow.tr. zo xied ea Aida funds w ilt be applied to the iy.Asta.-Ang principal balanze. under thr- J. 1 !;Z trnmedi;e_.j :or. fore. No offset ta Sidi Borrow 1 iN in the future atz Lerder s n relieve Borrower from making., F...awn de nodes the Note wid dts SeciaTkv Instrument Of pericm the covem47--ts and 1,-w..entents secured by this Seetwity ham 1 Approbation of Payments or Proceeds_ Except as otirwise descrFood in this Se 471 2, all pa)TO.U1S accented and apphed by Lender shzfl be applied in the ft or of priority: kal. itqerezn due wider the Not, pfincipa d due under the Norel arncgmts &Ix wider Se.,;on 3. Soch payments shall be applied to eacisPeriork Prrtemera is the order in vdikla it became &e. Aa reirig amounts shall be applitxt first to tae tharges second to Arty ether arraxm/s &.g.. under this Sectwity lostrument, a the to reduce the principal balance cd'the Note. if Lender receives a pravmmt from Borrower for a &firAoent Perindit P75-mmt whilth irziudes a Anciei anima m pay any late armee &e. the mert ay be applled to the definerrent pyrrimt and the tate charge_ If more than one Periodic Pa. is -oirMarLizz Lend, Ina) amly wry paymerg received from Borrower to the repmman of the .Periodk ?es if rad to the extent that, ead cao be paid in full. To the k-et that -any excess exists after tlw p 6 applied to :he 4i pay-a-peat of one er 111 Perikx_kc. Pawnems, 5u,ch excess nw beappired to any he .:harges doe Vromtary prepaymen'6 z4 be api jrto anv preparrent charges arid then ti&Q:rilbed in the Noe_ Anyapplica6on of payments. ilsri ra� proceeds. or M beeos PrOCeedS tp primzip due mde r the Note shall rpm extend or posipme the the e-Q4 or charme amount, of the Periodic Parnems. 3. Fowls for Escrow items. Borrower shall pay to Lender on the day Perio6c Paymeras are due under the Nate. Inatii the Nilte is Paid it filn, a smn (the Tuudfl to provide for payta= of mKrants due for kal •tares and and other items ■atich can attain prierity over this Securky Instrunt as 2 lien or enctunbasoceen the Property; (h) kasehold pra7.ments c1 ffOtral rents c.n the Per if wiy. and (c) prentions for an and all insurance rewired by Lmder under Serlion 5. The kems 1e ced 'Escrow Items.' At or i.v.i.arrion or at a-1y time during the term of the Loan, Lender may require that Corralirdnig Usoci:ni,.. Dues. Fees, IVA ..A.SSeS if a-iy. be escrowed by Borrower. and Axh dues. tees arld. asne 41141 be an Es lt-em. Borrower s.hall prompdv fioroith to Lender all norices arrolior to 1-e. paid Secnon Borrower ;hail pa7.. L the Funds for Escrow Iterrs =less La3deir waies Borrower's obiiezation o v the Furs for arr, or a Escrow 1.en Lendermav wow ef s obligation to pay to Leader Funds f anv or all Ecow hen any Any such waiver iray oftlybe in itag In the ev....-nt of Kadi waiver, Borrower shall pay &reedy. wilm and -Awe payable, the amounts dote for antr Escrow kerns for .vhitth garnet of Funds hm beest waived by Lender md. if Lender rec*es, shall finals:ft to Lender receipts evidencing th i within nc time period as Lender ny rerpise Borrow& citftation to make- Arch prit!quents and to provide receipts dagl for all pinposes be -deemed w he a co-mas. a:ad ars:cement contained in this Secwity 1. rit. as the Phrase 'covenant and wee/near is used in Section 9. If Borrower i (113 to pry Escrow Items direzdy, pursuant to a waver. and Borrow faits to pay the 311101.1111dic for an Es4m hem, Leer 1112N exu6se its rights mde Se c 3 9 and pav goal iiiraOtkr?:- and Borrow. shall then be obligared wider Sectism 9 to f-ZPay t Lend any su an,.ant L:e rryreNoke. the waiver as ZO anv Cr all Escrow WY4IPARG-Sw4e Famay-tittiFORct NSTRUStatr ItiKICOVED F-t.DEP.ARI VENT Og VOIES. A AIRS Page 4 ■a! 14 1 ot:triage:. .gee..7.-434352 eltWW,Abe=219ik..1:20121 iYf dtf1VG Sir 3e Fattjtty -tai IIFOR 4t tf STRUM$4T MODWIED FOR DEPARTMENT OF VETERANS AFFARS MERS (Rear. f+z t) Page 5 of 14 C 066 Items at any time by a notice given in °acc:xda'tx.e with Section 14 an& u:no n such re'.ocation, l3orrawer shall pay to Lir der all Fix and in such arnownts, that are -then recwred under this Section 3. Lender may, ..ax .any time, collect and hold Funds in an amount tai sufficient to permit Lender to apeiy the Funds at the time speCified under RESPA, 'and ,i) not to exceed the maximum amount a lender can require under RESPA. Lender shall .es iw.are the anoint of Funds de on the basis of current data. and reasonable es knates of expenditures of /wane Escrow Items or otherwise in accordance with Applicable taty. The Funds sttalI be held in an institution whose deposits are insured by a federal agency, irnstrumertility, or entity tinchtding Lender, if Lender is an institution NO:10 se deposits are so insured? or in any Federal Horne Loan Bank_ Leader shall apple the Funds to pay the Escrow Iteerns no later than the time specified under RESPA_ Lender shall not charge Borrower for holding and applying, the Funds, annually analyzer the escrow accour1, or v-erifv`inte the E•crow• Items., unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make sixh acharge. Untess act aireement is :made in writing or Applicable Law reo_tlires mterest to be paid on the Funds, Lender dials not be refired to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in cwaiting,. bto ;vev°e# that interest shall be paid on the Funds. Lender shall `-e to Borrower. without charge; an ate amounting of the Funds as required by RESPA. If there is a surplus of Fu. nds 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 skill notify Borrower as required b'RESPA, and Borrower shall pay to Lender the amount necess *tomake tip the .41ortage is ar tordance with RESPA, but in no more than I2 monthly payments If there is a defcier}.cy o Funds held in escrow. as dined under RESPA. Lender shall notify- Borrower as required by RES.PA, and Borrower Audi pay to Lerida the arnoont ne ssary :o snake up the deficiency in accordance with RESPA. but in no more than 12 monthly pay vents. Upon pay nentin full of all sums secured by this Security Instrument, Lender stall pons ly refund to Borrower" arid- Funds held by Lender. 4 Charges, Liens_ Borrower shall pay all taxes; assessments., charges,. fines, and impositions attributable to the Property s ti:% can attain priority over this Security Instalment, leasehold payments or ground rents on the Property, if any, and Community Association Dues. Fees, and Assessrnens if any. To the extent. that these items are Escrow Items, Borrower shall pay them in the manner provicled in Section 3. Borrower shall promptly disclxirge any lien which has priority over this Sectaity Instrument unless Borrower: l,$) agrees in writing to the payrrtent of the obligation seemed by the lien in a tanner acceptable to Lender, but only so kung as Borrower is performing such agreement; ib' contests the lien in ,,x)od faith bv, or defend: against enforcerrren €-of the lien in, legal pruceechng.s 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 (l secures from the holder *f 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 ben which can attain priority, over this Security Instrument, Lender may i-e 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 sersice used by Lender in connection widt this Loan. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by Vie, hazards .included within the term 'extended coverage." and any other hazards inchnfing, 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 tothe preceding sentences can c hange during the. term of the Loan. The i nsurance carrier providing the i.rtsicurance shall be chosen by Borrower subject to Lender' s right to disapprove Borrower' s choice, which right shalt not be exercised unreasonably. Lender may require Borrower to pay, i,^ connection with this Loan, either: (a) a tane- tintecharge for flood zone determination, certification and t€a king 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 Doc:Magic e- .51.' n:I. 800 .52 WWw.cfor_magtic Carer any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resetting from an objection by Borrower, If Borrejwcr faits to maintain any of the coverages described alcove: Lender may obtain insurance coverage. at Lender's option and Borrower's expense. Lender- is. under no ob;i,atiOrr. to puree:: use any parttcutar type or amount or-coverage. There.fore.. suet CO eraRe shall coven Lender. but might or might not protect Borrower. Borrower's equity in the Property, or the contents oldie Property, against any risk, haz id or liability and fright provide greater or lesser coverage than was previously in efeF t. Borrower acknowledges that the cast of the insurance coverage so obtnined might s.gniftcantiy exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument The amounts s ralt bear interest at the Note rate from the date of disbursement and shall be payable_ with such interest, upon notice from Lender to Borrovre requesting payment. All insurance policies required by Larder and renewals of suth .policies shall be subject to Lender's fight to ttis'tipxoie such policies. shall ioctude a standard mortgage clause, and strap ne Lender as mortgageeand: as an additional toss tel ee. Lender shalt have the right to hold the policies and renewal certificates If Lender retires, Borrower shall promptly give to Levier all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coveeag not othenyise required by Lender. for damage to, or destruction of. the :Property, such policy shall include a standard neartgage clause and shalt :tame Lender as mortgagee and'er as an additional toss Met- ter the event of loss. Borrower shall give prompt notice to the Lnsurance carrier and Lender. Lender may make {roof of loss if not made promptly by Betrayer. Unless Lender and Borrower otherwise agree in writing, any ire proceeds, whether or not the underlying insurance was required by Lender, shalt be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened_ Maine such repair and restoration period. Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect retch Property to ensure the work has been completed to Lender's c4isfactitan, provided that such inspection shalt be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single pawne'nt or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law retires interest to be paid or such insurance proceeds. Lender shat' exit be required to pay IIexrower any interest orearnings on such proceeds. Fees for public adjunter e or other third parties, retained by Borrowe7 shalt not be paid cxrt of the insurance proceeds and shall be the sole obligatiexr of Borrower If the rev ration or repair is not eeonornnrcally feasble or Lender' s security would be lessened, the insurance proceeds .4taft be applied to the salty secured by this Security Instrument, whethee or not then due, with the excess, i fany. 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., ne and senile any available insurance claim and related otters. if Borrower does. not respond Tin 30 days to a mice from Lender that the insurance carrier has off 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 eve or if Lender acquires the Property under Section 21 or otherwise, Borrower hereby ass to Lucie; (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid tinder the Now or this Security Instrument, and kb) any other of Bcxrower` s rights (other than the right to any refund of unearned pretrtiurts paid by Borrower) under all insuraece policies covering the Property. insofar as such rights are Wk.-able to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay ar- nouns unpaid to der the Note ix this Seett;irE Instnrment, ww hether or not then due. 6. pcesgalcy. Borrower shall oce+ipy, establish, and use the Property as Borrower's principal re- siderrce within 60days after the execution of this Security Instr =ern and shall continue to occupy the Property as Borrower's prix cipal 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. i3orrotver 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 determined pursuant to Section y that repair or WYt3e+4 Single Farfity -UNIFORM :NSTRUAt1T MOCW7E 3 FOR DEPARTMENT OF VEFBiANS AFFAIRS ME RS (Rev. 11 1) Pa 6 of 14 067 orae rfl9-641 -z362 www.rtocsnagsc coin /1441 restoration is not economically feasible. Borrower shall promptly repair the Property if damaged to avoid further deterioration or daznaze. If insurance or condemnation on proceeds are paid in connection with damage to, the taking of, the Property. Borrower shall be resporasibte 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 pr ess 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. Leader or its agent may make reasonable-entries upon and inspections of the Prop 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 specifvir=.g such reasonable cause. Borrowt''s Laaa application. Borrower shall be in default f, during* the Loan ap.p cation process, Borrower or: nype€sors or entities acting at the direction of Borrower Or with Borrower* s knowledge or consent gave materiall fuse. 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 Borrowers occupancy of the Property as Borrower's principal r esidence 3. Protectiell of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fads to perform the covenants and agreements contained in this Security Instrument, nt, (b) there is a legal proceeding that might significantly affectLender's interest in the Property ardor rights under this Security Instrument (such as a procee lino in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien wit may -+train priority ever this Sectaity Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the P roperty, then Lender way do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights cannier this Security 1;_strunteru, including protecting arelor assessing the value of the Property, and securinz andfor repairing the Property. Lender' s actions can include, but are not limited to: (a) paying any sums secured by a lien {which Igas priority over this Security Instrument. (b) appearing in court; and (t paying reasonable attorneys' fees to protect its interest in the Prop andor rights under this Security Instrument. including its scctred position in a bankruptcy proceeding. Securing the Property includes, but is not limited to entering the Property to rate repairs, change loads, replace or board IT doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and haw utilities corned on or ofd Although Lender may take won eider 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 Londe incurs no liability for not taking any or all actions authorized under this Section 9. arrrxurrts disbursed by Lender urZer this Section 9 shall become additional debt of Borrower securod by this Security lostsutmnt_ These mounts small bear interest at the Note rate from the date of disbursement and shalt be paoab e. with such interest, upon notice from Lender to Borrower requesting paymenx. If this Security Instrument k on a leasehold Borrower shall comply with all the previsions of the tie. Borrower Sian not surrender the leasehold estate and interests herein conveyed or terminaterwcaneeithe mound lease. Borrower shall riot, without the express written consent of Lender. alter or amend the ground lease. If Borrower acquaes fee title to the Property, the leasehold and the fee titre shall not merge unless Lender areas to the rnerger in w rating. Assivitment of Miscellaneous Proceeds; Forfeiture. Alt Miscellaneous Proceeds are hereby assigned to a d. shall be paid to Lender. 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 payrneri.s as the work is completed. Unless an agreement is made in writing or <"tpplicable Law requir interes to be paid on such Mis. elLan_oos Proceeds. Lender shah 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 lessned, the Miscellaneous Proceeds shall be applied to the sums secs erect by this Security WVGMENGStngte Faq+ty- t3NIFaM4 I? STRtANc3 iT 1MEO0tFR FOR DEPARTMENT OF VETERAN'S AFFAIRS rYIBZS pies_ 11011 Page 7 of 14 OG8 DocMag ce- "a Si• Sa 543 -13 &2 www. docnag ca m f<4J wYGNffNG- Singe Family- Ut'ttiO .4 INSTR./MI NT MOORED FOR DEPARTME4T OF VETERANS Af A.tRS MES (Rev. 1101) Page 8 of 14 069 htsnaurneat, whether or nut then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shalt be applied in the order provided for in Section 2. lathe event of a total taking, destruction, or loss in value of the Property-, the Miscellaneous Proceeds shall be applied to the aims soused by this Security tretm_nt whether or -riot then dike with the excess, if any, paid to nor #OIN In the event of a partial taking, destruction, or toss in va1ue of the Property in which die fair market value of time PI-Welty i awnecliately before the partial caking, destruction, or lass in value is equal to or greater than the arrtotirt oldie sums secured by this Security Instrument iirmediatzly before the partial taking, destruction, or toss in value, unless Borrower and Lender otherwise aree in writing, the sums secured by this Secur blot-orient shall be reduced by the amount of the hiscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured iffIrflettiatety before the partial taking, destruction, or loss in value divided by Co) the fair i:zarket value of the Property immediately before the partial taking, destruction, or loss in vahie_ Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in vahme of the Property in which the fair market value of the Property irrnedately before the partial taking„ destruction., or loss in value is less than the amount of the sums sectored immediately before the partial taking, destructicn, or toss in value, unless Borrower and Lender othemse awe in v\Ta loo, the Miscellaneous Proceeds shall be applied to the sums secured by this Seconity Instrument whether or not the sums are then due. lithe 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 RI 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 nag cruel doe. "Opposing Pasty" means the third perry that owes Borrower Miscellaneous Proceeds or the party against whom &rower has a right of action in regard to Miscellaneous Proceeds. Bower nhatl be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in fix feiture of he Property or other material irnpairrnent of Lenders interest in the Property or tights ender this Security Instrument_ Borrower can cure such a default and' i f acceleration has occurred, reinstate 2S provided in Secti©a I$, 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 fights under this Security Instrument_ The proceeds of any award or claim for damages that are attributable to the impairment of Lemma s interest in the Property are hereby assigned and shall be paid to Lender. Add hlisc.'e :Ilaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in S.ectio n II_ Borrower Not Released; Forbearance By Lender Not a Waiver. Extensio€i of the time for payment or frmodifi Lion of amortization of the RIMS secured by this Security Instrurn a granted by Lender to Borrower Or any Successes io Interest of Borrower shall not operate to release the liability of Borrower or any Successor's in interest of Borrower. Lender shill not be required to commence proceedings against any Successor in Interest of Borrower or to se USe' to extend time for p -ayrne t or otherwise modify arn<mrt+ 'ion of the sums secured by this SecurritS I ntme tt by reason of any demand made by the original Borrower Of any Succ in Interest of Borrower- Any forbearance by Lender in exercising any right or remedy including, without limitation. Leader's acceptance of payments from third persons, exrtities or Successors in Interest of Borrower or in a o.unts less than the amount then due, stall not be a waives of or preclude the exercise of any right ix remedy. IL Joint and Several liability; Co-signers; Successors and Assigns Bound. Borrowercovenants and agrees that Borrower's obligations and liability shall bejoint and severaL However. any Borrower who co- sighs this Security Instrument bin dot's not execute theNote (a "co- signer'): (a) is co-signing this Security' Instrument only to mortgage, grant and convey the co- sign's interest in the Property under the terms of this Security Instrument (b) is not personalty obligated to pay the sums secured by this Security Instrument; and {c) agrees that Lende and any ether Borrower can agree to extend, modify, forbear or make sexy aceommodadons l;itht regard to the terms of. Security Instilment or the Note without the co- signer's consent_ Subject to the provisions of Section 17, any SUCCeSSOF in Interest of Borrower who assumes Bo rrerwee s obligations under this Security Instrument in writing, and is approved by Lender. shall obtain all of Borrower's rights 1 oalfa iC. 8-0e-6454362 u qeo w.erocrrmagic.cora WYOMiNG-Single Fareify iNSTRUMENT A4(301FIETE) FOR OEPARTMENT OF VETERANS AFFA [RS MEF (Rev. 4f01) Pne 9 of 14 070 and benefits under this Security Instrumnt Borrower shalt not be released from :Borrow& obligations and liabilitv under this Security Instillment unless Fender agrees to smell release in writing. The covenants and agreements of this Seine* !Asa Aall bind (except as provided in Section 191 and benefit the successors and assigns of Lender. 11 Loan Charges. Lender may charge_ Borrower fees for services performed in connecnon with Borrow& s default, kir the purpose of protecting Lender' s interest in -the Property and rights under this Security Instrument, including, but not limited to ananineys' fees, property inspection and valuation fees. In regard to any other fees, the absence olexpress authority in this Security Instrument to charge a specific fee to Borrower stud not be .consoved asa proltRaition on the chargirw_ of such fee. Lender may not charge fees that are expressly prohibited b this Sectmity 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 :fiat the interean or other loan chases collected or to be collected in connection with the Loan exceed the permitted limits, the (a) any such loan ttarge shall be reduced by the amount necessary to reduce the charge to tbe permitted limit; and tb) any sums already collected from Borrower which exceeded permitted limits wilt be refunded to Borrower. Lender maychoose 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 without any prepayment char g.e (xiiedier or no a prepayment char oe 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. 14. Notices. All notices given by Bonower or Lender in connection with this Security Instrument must be in waiting_ Any notice to Borrower in correction with this Security Instrument shall be deemed to lave been given to Borrower when trailed bv fast class mad 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 Ac-plicalate Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly innify Lender of Borrower' s change of address. If Lender specifies a procedure for reporting Borrow& s change of address, then Borrower Alai' 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_ A ©y 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 3cl:tinily received by Lender_ If any notice required by this Security Instrument is also rap:lived under Applicable Law, the Applicable Law requirement will satisfy the correnpooding requirement under this Security Insuument_ 15. Governing Lane '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 Seen,* instrument are subject to any requirements and limitations o? Applicable Law, Applicable Law might explicitly or implicitly allow the parties to agree by contract or it reinht 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 Insnruirwit or the Note wiikt 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 nettter words 4N words of the feminine gender; Vol words in the singular shall mean and include the plural and vice versa; and (0 the word may gives sole discretion without any obligation to take any action_ 16. ilorrovines Copy. Borrower shall be given one copy of the Note and of this Security Instrument_ Transfer of the Property; Acceleration; Assumption. This loan may be declared immediately due and payable *Too transfer of the property securing such loan to any transferee, unless the acceptability of the assumpfuon of the tom is established pursuant to Section l 3714 -of Chapter 37, Title 3S, Uoited States Code. The acceptability of any assumption shaft also be stibiect to the following additional provisions: (a) FilllitruM Fee: A fee equal to one-half of 1 percent of the balance of this loan astir the date -of transferor the property shall be payable at the time af transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If the assurner fails to pay This fee at the lime of-transfer, the fee shall constitnte an additional debt to that already secured by this instrument. DOCifagie n''re 9 O-€-t4362 www.doceiagic Gem WYCP.4 INC-Single Fay-UN FO INSTRUMENT MODWEED FOR DEPARTMBIT OF VETERANS AFFA S MERS Few. 1101) Page 10 at 14 071 shall hear interest at the rate hereto prooided, and at the option of the payee of the indebtedness hereby scoured or any transferee ther-eof, shall be immediately due and payable. This fee is automatically waived if the assurner is -exempt under the prcoisions 01 38 U.S.C. 3729(4 (b) Processing Charge: Upon application for approval to allow assumption of this loan, a processing fee may be charged by the loan holder or its authorized agent for determinin-g the credihvorthiriess 01 the aesumer and subsequently revisit the holder's ownership records when an approved transfer is eorapleted. The amount of this charge than not emceed the maximum established by the Department of Veterans Affairs far a loan to which Section 371401 Chapter 37, Tide 38. United States Code appKes. intitutnity Liability Assumption: If this obhgatiou is assernied, then the assumer hereby agrees to asse ali of the obligations of the veteran underthe terms of -the instruments creating and seenring the loan. The aster further agrees to indemnify the Department of Veterans Affairs to the extent of any china payment arising from the guaranty or insurance of the indebtedness created by this instrunteot lithe aerseptalidity of the assumption of this lean is not established for any reason, and Lender exercises its option to declare all stuns secured by this Security Instrument immediately due and payable. Lender shall give Borrower notice of ace ektration. Tice notice shall provide a period of not less •than 30 day from the date Ike notice is Oven in accordance with Section 14 within whkh Borrower 'must pay an 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 bestrument nithout further notice or demand an Borrower. 18. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conthtions, Borrower shall have the right to have enforcement of this Security Instrument discontinued 2e any time prior to the earliest of (a) five days before sale a the Property porotant 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 .rigla to reinstate; or tc) entry .izif a judgment enforcing this Sectoiry Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be doe under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or aereernente; (c) pays all expenses incurred in en forcing this Security I nstionnort„ including, but not limited to, reasonable attorneys fees. property inspection and Valli:16On fees. ad other fees incurred for the purpose of fmotecting Lender's interest in the Property and rights under this Security Instrument; and 0.1) 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' sobtigation to pay the sums secured by this Security Iris moment, shall -continue unchanged. Lender rnay feVi ire that Borrower pay such reinstatement SUM and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money Mk": 0.) cern fled check, hank -check, treasurer' s check or cashiee s check, provided any such cheek is drawn upon an instution whose deposits are insured by a federal agency, instrumentality or cotiete Of 0) EL-mink Funds Transfer. Upon reinstatement by Borrower, tleis 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 ewe of acceleration under Section 17_ :19. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note (together widt this Security losournent) can be sold one or more times without prior notice to Borrower. A sale might resoth in a change in the entity (known as the 'Loan Service') that collects Periodic PalanentS due under the Note and this Secusity 1n:sour and performs other mortgage loan servicing obligations ander the Note, this Security Instrument, and „Applicable Law. There also might be one or more changes of the Loan Servicer =related to a safe of the Note. If there is a change of the Loan Services', Borrower will be given written notice ,of the choir ee wiridt will gate the name and address of the new Loan Servicer, the address to which payments should be wade and any other information RESPA requires in connection with a notice of transfer of servicing_ If the Nate is sold and thereafter the Loan is serviced by a. Loan Seri 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 succe Loan Service( and are not assumed bv the Note purchaser unless otherwise provitLed by the Note purchaser. Nether Borrower nor Lender may commence, join, or be Joined to any judicial action (as either an individual litigant dle filea3C1 of a class) that arises from do-other party' s actions pursuant to this Security- Instrument or that DochragiC 8-00-649-1362 www.docmagic.casza alleges that the other party has breached any pro ision of or any duty owed by reason of. this Security Ins urnent, ontil Aidt Borrower or Lender has notified the other pans with such notice veu in compliance with the rec .ti.rernents ti Secfiou 14) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Apolicabie. 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 axe given to Borrower ptrr t to Section 21 and the notice of acceleration givers to Borrower pursuant to Section 17 shall be deemed to satisfy the notice and opportunity to take corrective action pruvisorrs of this Section 19. 20. Iris Substances. As used in this Section 20: (a) 'Hazardous Substances° are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: dine, kerule, tither flammable or toxic petroleum products, toxic: pesticides and herbicides_ volatile solvents_ materials containing asbestos ec formaldehyde, and radioactive rrateriats; (b) "EnvUonmental Law" means federal lawsard laws of the jurisdiction where the Property is located ti-:at relate to health. safettt or environmental protection: (c) "Erniroonmental Cleanup" includes any response action, remedial action. or removal action, as defined in Environmental Law-, and (d) an "Enviituunental Condition' means a condition that can cal ple, contribute to, or otherwise tri per 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, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Etniroi ie teal Law, (b) v.-hiieh 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 prince, use. or storage on the Property of small quantities of Hazardous Substances ttrct are generally recognized to be appropriate to normal residential uses and to maintenance of the Propert (including, but nor limited to, ha2ardous b;tat es in consunter products). Borrower shall pronipdy give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action try any governmental or regulatory agency or private party involving, the Property and any Hazardous Substance or Environmental Law ofwhich .Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to any spilling, leaking, oftscharge, 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 valise of the Property:_ if Borrower learns. or is notified by any govranental or regulatory authority-, or any private party, that any removal or other remediatioa of any Hazardous Substance affe-ctine the Property is necessary, Borrower shalt prornptiv take alt neces.;ary remedial actions in accordxn e with E nvironrrental Law Nothing herein wall cr -obliation on Lender for an Environmental Cleanup- NON COVENANTS. Borrower and Lender _`iirthet covenant and a as follows_ 21_ Acceferationz Remedies. Lender shall gi notice to Borrower prior to acceleration following Bcrrowtes breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 17 unless Applicable Law provides otherwise). The notice shalt specify: (a) the default; (to) the action rerpsired to care the default; (c) a date, not less than Mt days from the date the notice is given to Borrower, by which the default mast 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 'Prr party. The notice shall farther inform Borrower of the right to reinstate after acceleration and the right to bring a eotirt action lo 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 Fvithout 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 :psrsuing the remedies provided in this Section 21, 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 rritb Applicable Law. Lender shall give notice WY4Zt e FEenify-tiNFORM 1NSTRt1ME4F MODIFIED SRO& ARTMEir OF VETERANS AFFAIRS NIERS (Rev, 1101) Page 11 of 14 Doch gicFR".r mg-645431u www daamagie. Con PA) of the sale in Borrower in the man? ner provided in Section 14. Lender shall publish the notke of sales and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its dcsgnee 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, indistrung, but not limited to, reasonable attorney? fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the pe€son or persons legally entitled to i€ 2!. Release. Upon payment of all sums secured by this Security Insaument. Lender shall r elease this Security instrument Borrower shall pay any recordation costs. Lender may charge Borrower a tee for releasing this Security lnsvwnent, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Appite Law 23. Wavers. Borrower releases and waives all fightS under and be virtue of the homestead exefnption laws of Wyoming. IREIVIAINDER OF THIS PAGE INTB4TIONALLY LEFT SLAW `1VYLktfiNGSirg Family UNiFOFiNt [NSTRUMENT fiNOf RW FOR C£PART•M T OF VETERANS AFFARS M (Rev. 1101) Page 12 of 14 e: O 3 f Doeffagic e7_z:�_- so :ms3-1.162 www. doctnagic. cora Rickie L Westbrook NOTICE TO BORROWER Department of Veterans Affairs regulations at 38 C. F. R 36.4334 provide as follows: "R gsd:miens issued under 38 U.S.C. Chapter 37 mid in effect on the date of any loan which is submitted and accepted or approved for a guaranty or for insurance thereunder, shall govern the rights, duties, and liabilities of the parties to such loan and any previsions of the 'loan instruments inconsistent with such regulations are hereby amended and supplemented to conform thereto." 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 trot) (Seal) Borrower Borrower (Seat) (Seal) Burrower -Bormwer WYOMING-ante Fatuity- tSENfOta'4 INSTRUMENT Mk[ ID FORDEPARTM-BgT Of VETERANS AFFARS M EIS (Rea_ 1101) Page 13 at 14 Kei trts throok Borrower Witness: DocMag a eoc -.r.Y52 www.docinagia-cant 1 Se 431* WYOM ING G a Lincoln This ingt was 3, b thr 7 [Sace ekw 1 Lima Fce Acicr.owlecrnertil Rickie L Westbrook ?ND KeLl A Wesibrock WYCIEUNG-&e Farr%ily-tiNcIfi.% Rk1 CseSTFO.IM ENT MODIF633 FOR IDEPARTMEW AFFA1R.-3 *Zee_ 11014 Fwe 4 ce 14 ctuirrkssial 16 02010 Title kzaid Raztk DOI:blagiC e7 VW VW Yt...d0C:VragagiC.0013; Loan Number: L' 2XOI 1G Case Number: 39-39-6-0926064 PANNED UNIT DEVELOPMENT RIDER TFIIS PLANNED UNIT DEVELOPMENT RIDER is made this 15th day of JULY, 2010 and is incorporated into and shall be deemed to amend and u me t the Mortgage, Deed of Tntst, or Security Deed (the "Secssity Instrument') of the same date, given by the undersigned (the 'Borrower') to secure Borrower's Note to Eagle Horne Mortgage, LLC, .A DELAWARE LIMITED LIABILITY COMPANY (the "fender) of the same date and oeverit the Property described in the Security Instrument and located at 30 SOLITUDE DR, STAR VALLEY RANCE, WYOMING 83127 {Property Au:c The Property int fades, but iss not limited to, a parcel of land iinffovi with a dwelling, together with ocher such parcels and -ce fain common areas and facilities. as described in COVENANTS, CONDITIONS ANL RESTRICTIONS CF RECORD (the "Declaration"). The Prope -rty is a part of a planned unit develo irien known as STAR VALLEY RANCH [Name of Pttzrncd Unit Czveios_nea_j the "PUNT'). The Property also includes Borrower' s interest in the homeowners as ocation or equivalent entity owning or managing the crux areas ar4 facilities of the ?UD the "Owns As ion and the uses, benefits and proceeds of Borrower's interest_ PU'DCOVENANT'S. In addition to the covenants and agreernents t€ta in the Security Instrument Borrower and Lender further covenant and agree as follows. MULUUSTATE SSD RtDet— Singte Family Fannie Maeifreddie Mac UNIFORM rNSTR%Al4ENT Rom 3150 1/01 Page 3 of 3 A. PUB Obligations. Borrow shall perform all of Borrower's obligations tinder the PUD's Constituent Docurrerrts The "Constituent Documents" are the (i Declaration; (il) articles of incorporation, trust in:Moment or arty equivalent doe rent which creates the Owners Association; and (iii) any by-laws or other rues or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pctrsuant to the Constituent Documents. B. Property insurance. So Ion?, as the Owners Association maintains, with a generally accepted insurance c-arrier, a "roaster' or "blanket" police insuring the Property which is satisfactory to Lender and Doc :magic ef. 30.3a`µ3 3 www.doemasec.com 076 otA) whidi provides insurance a wet age i the arno dexhx levesl. for the perixds. and nal.= 121 fire. hazards wall:de:1 saint the term extedet co:Yu and my other hazards_ including. ista:4 not United to. earthquakes and fic,cd s. fix which L rJr rrce. then: ti1 Ldei waiN-Ts the provision n Sect 3 for the Perite Paynierg o Le of. the yearly premium installaus for properry on the Prc.,pry and CO Borrower' s antigarion tm-&r Seca 5 t rm prcperzy insurarKe cowtagz. on the Property is deemed s.tristaeci the even: thal th ure coverage is pro\ ided b the Owners Associanc policy What Lender reotitli a condition of this waiver can change ilia Mg the ierm of the loan_ Borrower sb.all 1_,mdff prompt ric f my in required prop-a irLstrance coNerage provided by the 434 blanket policy. In the en t of a darributitm of property a loss to the Property. or to corronkm. ar. and hereby assigned mid 4:1211 be paid to Lender. Security Itoitui ikt. whether or not then dr MULDSTATERID RSDER—S Parley Fannie W.a.Fredcrie Vac tiiMP;OP.Pri NsTP4Azarr 3154 1 1 P- of gre prnceeds m L of .r or milk; followil cilite ci the pup, any proceeds pyable to Borrower are Lede dlaH 2p1 y the proceeds to the secured by the 4. the excel& if any. idtBortw. C. Pub& tiabWity trestrrance• actic.. a.s cairy be re o irs,..-‘re th ,th ch A ra.a4nargs a bi- Ethi insw a:c.17:- for ar1-, an..d etc of coverne to Lender. 13 COOdealnaticKL The 1. �f an'y award or ciaini fcr 6rnages, consegoenthi. payabte to 13...wowa in ck with any andel:maim 4.x other taking ail or any part oldie Procerry or the coon weas facilides of the PLD. or for arty iieu of condemnation. are hereby aksigned and la be paid zT Lender. Such proec's shall be DiO bv L to the sums sectn by the Semr Ith as provided in Sect—r 1 L E Lender's Prior Consent. 81, t except afta rk:toce. io Leer and with Landers prior wt coos-em: eallezr partition or subdivide the Property or conseta to (i) the abztadmirumit terrnioation of the PL ewe% for ab= CC L'Pattiian reqUired !ay( i47 the rase o -mti deAniton b' fire ix other C3S Of in dK case of a &..iing ii or m'Anerrt do:maim ti any araMiknent to any provision o the 'Cons.r.u.e4. Llocuments" if the pcwisson is for the e2tress benefd of Leedetr; terrn; of professi-mai 1: 1gernet and issumpti-on self--managernent of the Owners AcoL e tivi any actio .11]-th would luve the effect of re^...dering the public liability Lat1.11rariCe COVff.a?ge 012..2.ified by the Owners Assoc tinaccerstihte to L.-.-der. F. Reatedes. If Bo does not nay Pt ctes a then Lender risay pay the Ar bise by Lender mar this paragraph F Alan become adkIdonal debt of Borrower secured by the Security Inst Ues Burtela,zr and Lender agree ro Other ceii o part. these MEMOUCKS dian be intereA fium the date of -ri,:sbursernmt at the Note rate ad shall be payile... with irgest., upon. nolice fra Leo o Bcorower rquzunz paymag. Doac 5,--1544-137:2 Ye ww.cle6miTsagic-ixiErt (Seal) Rickie L Westbrook Bociower MULTISTATE PUD RIDER-Singe Family Fannie MaeiFfeddia. Mac LINORI ttiSTRUMBNIF Form 3150 1101 Page 3 of 3 y A estbrook 078 BY SIGNING BELOW, Borrower aCCepI.S and agrees o the terms and covenants contained in this MD Rider. (Seal) (Sea) -Borrower -Borrower (Seat) tSeat) -Borrower -Borrower CLOCblagiCel,"2.1A1 8004:4 9-?362 Www..docmatic. corn Loan Number: J2X0116 Case Number: 39 -39 -6- 0926064 VA A U M I POLICY FUDER THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT TI £#S ASSUMPTION POLICY RIDER is made this 15 t.h day of JULY 2010 and is incorporates into and sham be deemed to amend and supplerner t the Mortge. Deed of Trust, or Deed to Sedge Debt (Instrument") of the same date herewith. given b the undersigned (*Mortgagor") to secure the c agor'sN; ("Note") of thesarne- dateto Eagle Horne Mortgage, LLC (M xi_ ee and covering the property described in the Immanent and located at: 30 SOLITUDE DR, STAR VALLEY RANCH, WYOMING 83127 iPrcperry Addressl Notwithstanding anything to the conira;y set forth in the Instrument, Mortgagee and Mone.a hereby acknowledges and a._ees to the following: GUARANTY: Should the Department of Veterans Affairs fail or refuse t sstie its guaranty in fuil amount within 5O days from the date that this loan would normally become eligible for such guaranty cormnitted upon by the Department of Veterans Affairs under the provisions of Tide 3;; of the U.S. Code 'Veterans Benefits", the Mortgagee may declare the indebtedness herd' secured at once due and payable and may foreclose inanediately or may exercise any other rights hereunder or take any other proper action as by law provided_ TRANSFER OF THE PROPERTY: If all or an part of the Property or any interest in it is sold car transferred, this loan shall be immediately due and payable upon transfer "assumption of the property securing such loan to any transferee ('assurnee I. unless the acceptability of the assumption and transfer of this loan is established by the Department of Veterans Affairs or its authorized agent pursuant to section 3714 of Chapter 37, Ville 38. United States Code. An authorized transfer t" urrrprion'? of the property shall also be subject to additiona.I covenants and agreements as set forth below: VAASSUMPTION FCLICY RIDER Gochlagic w see 644 4362 VAPR#u3R 01,224'09 Page 1 ai 2 www_docrnagfc.cata C 79 (a) ASSUMPTION FUND/NG FEE A fee equal to one-half of 1 percent 50%) of the unpaid principal txa[arce of this loan as of to date of transfer of the property *all be payable at the time of transfer to the MO/tagee or its authorized agent, as trustee for the Secretary of Veterans affairs. if the assu rner fails to par this fee at the time of transfer. the fee shall constitute an additional debt to that already secured b this instnimerm shl bear irtterest at the rate herein provided, and, at the option of the mortgagee of the indebtednes hereby secured or any transferee thereof, shall be immediately due and payable_ This fee is automatically waived if the assumer is exempt tinder the pro-visions of 38 U. S.C. 3729 (b). (II) ASSUMPTION PROCESSING CHARGE Upon application for approval to allow assumptions and transfer of this loan, a processing fee may be charged by the mortgagee or its authorized agent for determining the creditworthiness of the assume and subsequently revising the hold& s ownership records when an approved transfer is completed. The amount of this charge Ai all not exceed the r*tatimtrrrr established by the Depa unettt of V'eteraos Affairs for a loan to which section 3?14 of Chapter 3 Title 38, United States Code applies_ (c) ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the ass-urner hereby agrees co assures all of the obligations of the veteran under the terms of to instruments creating and securing the to including the obligation of the veteran to indemnify the Department of Veterans Affairs to rhe•extetx of any claim payment arising from the guaranty or insurance of the indebtedness cleated by this instrument. IN WITNESS WHEREOF, Martagot(s has executed this Assurnp ion Policy Rider. (sea} Rickie L Westbrook Mortimer Ike ly A Westbrook Mortgagor (Seat) Mortgagor Mortgagor (Seal) (Seal) Mortgagor Mortgagoi VA ASSUMPTION POLICY Ft Dacftagis c cr e00-64g-t362 VAPfi1 R )1 t22tos Page 2 of 2 www. doemagf co n ORO