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HomeMy WebLinkAbout960411After Recording Return To: BANK OF AMERICA, N.A. ReconTrust Co /TX2- 979 -01 -07 P.O. Box 619003 Dallas, TX 75261 -9003 Prepared By: ANNE M. JONES Adjustable Rate Rider Balloon Rider VA Rider 1W1/YOMING Single Family Fannte Mae /Freddie Mac UNIFORM INSTRUMENT (MERS) MERS Mortgage -WY 2006A -WY (08/08)(d!t) Page 1 of 9 (Space Abovo This Line For Recording Date) NTL -2291 [Escrow /Closing #'1 1VMORTGAGE MIN •1000255- 0001256706 -9 DEFINITIONS 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 wordsused in this document are also provided in Section 16. (A). "Security Ynstrument" means, this document, which'.is dated :AUGUST 05, 2011 Riders to this document. (B), ".Borrower" is CHRISTOPHER DEWOLF,' AND BONNIE DEWOLF. Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems;, Inc. 'MERS a separate: corporation that is acting. solely as :a nominee for (':ender and Lender's successors and assigns: MERE: is. the mortgagee under :.tlds' Security 3ostrument,• MERS is organized and' existing under the.laws of Delaware, :and has an address .and'telephone.nurrtber. of P.O. Box 2026; Flint, MI'48501 -2026, tel: (888):679 -MERS. (D) "Lender" is' BANK OF. AMERICA; N.A. Lender isa NATIONAL. ASSOCIATION organized and cxistin.g under the laws of THE, UNITED STATES Lender's address is 101 South Tryon Street,.' Charlotte,• NC 28255 (E) "Note" means the promissory note signed by Borrower and dated AUGUST 05, 2011 The Note states that Borrower owes Lender. TWO HUNDRED, THOUSAND 4nd 00/100 Dollars (US, 200, 000 :00 plus interest. Borrower has promised, to pay this debt 'in regular Periodic Payments and to pay the debt in full not later than SEPTEMBER 01, 2091 (it) "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 Ibis Security Instrument, plus interest.. "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]: Condominium Rider 113 Second Home Rider Planned Unit Development Rider 1 -4 Family Rider Biweekly Payment Rider. Other(s) [specify] PUD AND 2ND HOME RIDERS RECEIVED 8/8/2011 at 11:43 AM RECEIVING 960411 BOOK: 770 PAGE: 656 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000656 00029020758808011 [Doc. ID, together with all Form 30511/01 1 1 1 1 8 a M QUO 7 9n11 99•F9 Parcel ID Number: 1235193540013400' which currently has the address bf ••238 YELLOWSTONE •DRIVE, THAYNE [S1reet/City] Wyoming 8 312 7 "Property Address"): [Zip Codep TOGETHER WITH all the improvements now or hereafter erected on. Ibe property; .and. an easements, appurtenances and fixtures now or hereafter' a part of the property. Al] replacements and additions shall also be covered by. this Security Instrument, All of the foregoing is referred. to inthis-Security Instrument as .the "Property. Borrower: understands andagrees that MERS holds only legal title W the interests granted by Boirowerinlhis Security Instrument,: but; if necessary to comply with law or, custom, MERS (as nominee for Lender. and Lenders successors and.assigns).has the right: to exercise any all of those interests, including, but not limited to; the right to. foreclose. and sell the Property; and to tame any action required of Lender including; but not limited. to, releasing and canceling'tbis Security Instrument: BORROWER COVENANTS' that Borrower is:lawfnlly seised of the estate. hereby conveyed and has:lhe` 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 10 constitute q uniform security instrument covering real property. .UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayinent•Charges, and Lite Charges. Borrower shall DOC ID 00024020758808011 "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. (3) "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} "Electronle 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' a0 as to order, instruct, orautho idea financial institution to debit or credit an account. Such terra includes, but is not limited to,. point -of -sale transfers, aiuomated teller machine transactions; transfers. initiated by telephone, wire transfers, and automated clearinghouse'lransfers, (Y,) "Escrow Items" means those items. that are described in Sec tion 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: (i) damage to; Of 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 insivanco.protecting Lender against the nonpayment of, or default on, the 'Loam (0) "Periodic Payment" means lhe regularly.schedu)ed amount due .for (1) principal and interest under the Note, plus (ii) anyamounts'under Section 3 of this Security Ins nutrient. (1') "RESPA" means the Real Estate Settlement Procedures Act (12 US.C, Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F:R. Part3500), as they might be arriended 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 toall 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 Man" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to. the Property whether Or not Ihasparty has assumed Bortowerss obligations. under the Note. and/or this Security lnstrumenf.: TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument securesto Lender (i) the repayment of the Loan, and all renewals, extensionsand modifications of. the Note; and (ii) the performance or Borrower's covenants and, agreements under Alija Security Instrtirrient and..the Note. For this purpose, Borrower does hereby mortgage,.grantand 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] [Name of Recording Jurisdiction] LOT —SEVEN (27■ OF.BRIDGER VIE% RANCHES, LINCOLN COUNTY,. WYOMING AS DESCRIBED ON THE OFFICIAL.PLAT RECORDED JUNE '17, 1998 AS DOCUMENT NUMBER 851191 IN THE OFFICE OF THE.CLERIC, LINCOLN COUNTY,. WYOMING. WYOMING Single Family Fannie Mao/Freddie Mac UNIFORM INSTRUMENT (MERS) MERS Mortgage -WY 2006A -WY (08 /08) Page 2 of 9 Form 3051 1101 Aug 2 2011 22 :52 P010/096 000657 Doc ID 00029020758808011 pay when due. the principal' of, and interest on, the debt evidenced ,by,, the Note and any prepayment charges and late charges due under. he Note. Borrower shallalsopay funds for Escrow Items pursuant to Section.3. Payients due under the Note and this Security Instrument shall be made in U.S. currency, However; if any check or other instalment received: by Lender 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.folloiving forms, as selected by Lender:• (a) cash; (b):moocy order; (c)'certified check,. bank check, treasurers check.oi cashiers check, provided any such check :is drawn upon•.an institution Whose. deposits are. insured by a; federal*: ageney 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.withthe notice provisions in Section.15 may rearm any payment or partial payment if the payment, or partial pavtnenis areansufficient 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 paymentoi partial payments in the future,.bnt Lender :is not. Obligated to apply such payments at the time such payments. are accepted. If each Periodic Paymentis applied as of its scheduled due date, then Lender need not pay interest on'unappliied funds.. Lender may hold such unapplied hinds until Borrower. makes payment to bring the Loan. current. If Borrowerdoes not do so within a mappable. 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.perfonningthe covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Exeept 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; (e)•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 outer amounts due under this SecurityInstrument, and then to reduce the principal balance of the Note: If Lender receives a payment from Borrower for a Periodie Payment which includes a sufficientamount to pay any late charge due, the payment may be applied to the :delinquent payment and the latecharge.. If. more than one Periodic Payment -is outstanding,. Lender, may apply any, payment received from Borrower. tb the: repayriienc of the. Periodic Payments if; and toahe extent that each payment can be paid in.fti)l..To the.extent that any excess exists'after the payment is applied to the full payment of one or more Periodic Payments, such excess niaybe'applied toany latecharges.. due. Voluntary prepayments shall be applied first to any prcpayinent charges and then as describedin the Note. Any application of payments; insurance'proceeds,•or Miscellaneous Proceeds to principal due under the Note shall not extend orpostpone the duedate, or change the amount, of the Periodic Payments. 3., Funds forEscrow Items. Borrower.shall pay to Lender on the day. Periodic Payments; aredue under the Note, until the Note is paid in full, a sum (the "Funds to provide for;payment of amounts duefor: (a) taxes and assessments and other items which' can attain. priority over this Security: Instrument as a lien or. enctrinbrance on the; Property;. (b)leasehold payments or ground rents on the Property if any (e) premiums for any and all insur'ancerequired.by Lender under Section 5; and (d) Mortgage lnsurahce premiums, if 'any, or' any ;sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance :premiums in accordance with the provisions •of Section:.la These =items aro called "Escrow Items." At origination or at any time:during the term of'the Loan, Lender may. require that Community Association Dues, Pees, and Assessments, if ally, be escrowed by Borrower, and such. dues,. fees and assessments shall be an Rscrow Item. BoiroWer shall promptly fumish'to•Lender: all, notices of amounts to[ be paid Under: this Section. Borrower shall pay Lender the Funds for Lscrow Items 'unless Lender waives Borrower's obligation pay the•Funds.for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for.any or. all Rscrow Items. at any time. Any such. waiver may only be in writing. in the event of such waiver, Borrower shall pay directly; when and where payable, the amounts. due for any: Escrow Items for which payment of Funds has been waived by Lender, and if Lender requires;' shall .furnish to Lender *receipts evidencing such payment within such: dine. period as Lender may: require. Borrower's obligation. to make such payments and to.provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the.. phrase. "covenant and; agreement is :used in Section 9. If Borrower is obligated: to payEscrow Items'directly,pursuant tea waiver; and Borrower fails :to pay the amount due for' an Escrow Item, Lendermayexercise its rights under Section 9 and pay such amount and Borrower ;ehall then be obligated 'Wider Section 9 to repay to Lender any such amount Lender may revoke; the waiveras M any or all Escrow Items at any time by a notice given' in accordance with Sectioin.15 and, upon such revocation;' Borrower shall pay to Lender all Funds, and in such amounts, that are their required under this Section 3: Lender may, atany time; collect and hold Funds.inail amount (a):suffreient to permit Lender to applytheFunds •at the time specified under RESPA,' and (b) not to exceed the maximum amount a lender can require underRESPA, Lender shall estimate the amount of Funds due on the: basis of current data and reasonable estimates of expenditures of future Escrow items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured .by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose, deposits. are so insured) or in any Federal Home Loan Bank. Lender, shall apply the Funds to paythe Escrow Items no later than the, time specified under RESPA. Lender shall not charge Borrower for holding and, applying the Funds; .annually analyzing: the escrow account, or verifying the'Escrovi. Items, unless Lender pays Borrowcr.interest on, Funds'and Applicable Law permits Lender to make such a charge. Unless an agreement is inadein writing or Applicable Law requires interest to be paid on the •Funds; Lender sliall'not be required to pay Borrower any interest or earnings: on the Funde..Borrower, and Lender can agree in writing; ;however, that interest shall bepaid on the Funds. Lender shall give to Borrower, without charge, an accounting of the Funds as required byRESPA. If there is a surplus. of Funds held in escrow, as defined under RESPA, Lender shall account tolorrovier for the excess funds' in accordance with RBSPA If there is a, shortage of Funds held.inescmw, as defined, under RESPA„ Lender. shalt: notifyBorrower as required by, RESPA, and Borrower_shalipay Lender. the. amount necessary, lo.inake. tip the shortage in accordance with RESPA but in no more than 12 monthiypayments. If there is a deficiency o €,Funds held in escrow, WYOMING Single Famlly-- Fannie Mai/Freddie Mac UNIFORM INSTRUMENT (HERS) MERS Mortgage•WY 2006A -WY (08/08) Page 3 of 0 Aug 2 2011 22:52 ruii/096 000658 DOC ID 00029020758808011 as defined under RBSPA, Lender shall notify Borrower as required by.RESFA, and Borrower shall pay to Lender the'a nount necessary to make tip the deficiency in accordance with RBSI?A, butin no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptlyrefund'to Bonower, airy. Funds held by Lender. 4.. 'Ch'arges; Llens. Borrower shall pay all taxes, assessments, charges,.fines, and impositions attributable to the 'Property which.can attain priority over this Seeurity,Instrument; leasehold payments Or ground' tenis.on the Property, if any and Community Association Dues, Fees, and Assessments; if any. To the extent thatthese items are EscrowItems, Borrower shall pay them in the manncrpmvided ]n Section.3.. Borrower shall promptly, discharge any, lien which has priority over this Security'Instrunient•unless Borrower:. (a) agrees in writing to the payment of the obligation:secnred'by the lien in a manner acceptable to Lender, brit only so long as Borrower is performing such agreement; (b).contests the lien, in good faith by, ordefends against enforcement of the lien in, legal. proceedings whieliirrLender's opinion operate to prevent the enforcement of the heir while those proceedings are. pending, but only until, such proceedings are concluded; or (c) scctires• from the:holder.of the, lien an agreement satisfactory to Lender subordinating the lien to this Security.Insirument 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 thatnotice is given, Borrdlver:shalFsatisfy the lien or take one•or more of the actions set forth above in this Section 4.. Lcnder'may'require Borrower to pay a one -time charge for areal estate tax verification and/or reporting service.used by Lender in connection with this Loan. 5. Property Insuranco.. Borrower shall keep the improvementsnov✓ existing or hereafter erected 'dn the Properly insured against loss by fire; included within. thc•term• "extended coverage," -and•any. other. hazards'including,. but not limited to, earthquakes and floods, for which Lender requires: insurance.: This insurance shall be Maintainedin the: amounts (including deductible levels) and for the periods that Lender.requires. WhatLendertequires.pursuant to the preceding sentences can change during the term. of the Loan.' The' insurance carrier. providing_ the insurance: shall be chosen. Borrower. subject toi.Lender.'s right to disapprove Borrowers choice; which right. shall not be exercised unreasonably. Lender'may require Borrower to pay, in connection with 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 turd' certification services and subsequent charges: each time .rereappings similar changes'occur'.vhich 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 anyfloodzone'deterniination resulting from an objection by Borrower. If Borrower fails to maintain any of the eoverages.•described above, Lender reay"obtain.insurance coverage, at Lender's option and Borrower's expense.: Lender: is under, no obligation. to purchase. any partieuter'type or amount of coverage. Therefore,. suet) coverageshall•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.thaf the cost of the insurance coverage so obtained might significantly exceed the cost. of insurance that Borrower could have obtained:'. Any amounts disbursed by..Lende this Section 5 shall become. additional. debt of Borrower secured by. t 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' requited by.. tender 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 tnortgagee•arid /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 td Lender all receipts of paid premiums and renewal •notices, :If Borrower: obtains any ford of insurance covcrage,.not otherwise requiredby Lender; for damage to, .or rdestntction of,`tlte Property, such.policy,shall include a standard mortgage clause and shall. name Lender as mortgagee and/or as anadditional losspaycc. 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 tiny insurance proceeds, whether or not the'underlying insurance was 'required Lender, shallbe applied MreStoratioif 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 Lenderhas.had am 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 madean 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 net'econoinically feasible or Lenders 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 insuranceproceeds be applied in the order provided for in Section 2. If Borrower abandons the Property,' Lender may file; negotiate and settle any available insurance clainiand 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 Underling negotiate and settle the claim. The 30 day period.wif 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 Borrowers 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; whethef or not then due.. 6. .Occupancy. Borrower shall occupy, establish, .and use the Property as Borrowers principal residence within 60 days after the execution of this: Security Instrument and shall continue to occupy the Property as:Borrower's principal' WYOMING Single Family-- Fannle MaelFreddle Mac UNIFORM INSTRUMEi1T (HERS) For 1/01' MERS Mortgage -WY 2006A -WY (08/08) Page 4 of 9 Aug 2 2011 22 :52 P012/096 000659 DOC ID. 1t: 00024020758808011 •residence for at least one year after the date of occupancy, unless Lender.otherwise agrees in writing;. which consent shall. not he unreasonably withheld, or unless extenuating circumstances exist whickarc beyond Borrowera control,. 7. Preservation, Maintenance and Protection lof the Property; •Inspections... Borrower shall riot destroy,. damage or impair. the Property, allow the Property 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 detem nned.pursu'ant 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.`iire not sufficient to repair or restore the Property, Borrower is not relieved of Berrower's'obligation'for the completion ofauch 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. Lendershall give Borrower notice.at thetime of or prior to such an interior inspection specifying such reasonable cause._ S. 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 Instmtnent, (b) there's :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, forenforcementof alien which niayattain priority. over this Security Instrument or to enforce laws or regulations), or (c).Borrower has abandone..d the•Preperty; then Lender. may do and pay. for: whatever. is reasonable or appropriate t� 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 no Climited to> (a) paying any-sinus secured by a. hen ;whi has priority over this• Security Instrument;. (b) appearing in court; and (c) paying reasonable attorneys' fees toprotcct its' interest in the Property and /or rights; under this Seburity,Instrument, including its. secured position, in.a bankniptcy proceeding.. Securing the Property includes, but is riot limited to, entering.. the Prepertyto Make repairs; change locks, replace or board up doors and windows, drain water from pipes, eliminate building orother:cede.violationsot 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 this Security Instrument, .'These amounts shall bear interest at the Note rate from the date. of disbursernent..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 tlieprovisions of the,lease. If Borrower. acquires 'fee title to the Property, the leasehold and the fee titie:.shall not merge unless Lender agrees. to the.inerger in writing... 10. Mortgage insurance. If Lender required, Mortgage Insurance as`a condition of making the Loan; Borrower shall-pay. the prerniumsregoired to maintain the Mortgage.lnsurance in effect. If; for anyre -ken, the Mortgage Insurance .coverage required. by Lender ceases to be available from the mortgage insurer that previously provided insurance. and Borrower was required` make separately designated payments toward the.premiuins for. Mottgage.Insurance,. Borrower shall pay. the premiums rcquired to obtain coverage substantially equivalent •to the Mortgage Insurance previously. in effect; at a cost substantially equivalent to the cost. to Borrower of the Mortgage. Insurance previously; in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the :separately designatedpayments that weredue when the insurance coverage ceased 'to be in effect. Lender.willaccept; use andretain lhesepayments.as a non refundable loss reserve in lieu of Mortgage Insurance. Such loss.roserve shall be non refundable; notwithstanding the fact that the Loan is ultimately .paid in iull,and Lender shall not be required to pay Borrower any, interest or. earninga on such loss- reserve; Lender can no longer require loss reserve payments if. Mortgage Insurance coverage m the amount and for: the period that Lender requires) provided by an insurer selected by Lender again becomes available; is obtained ;.and Lender.: requires separately designated payments toward the premiums for. Mortgage •Insurance; If Lender. required Mortgage: Insurance as a condition of Making the Loan and Borrower was required.to make separately designated payments. toward: the premiums for Mortgage insurance, Borrower :shall'pay. the. premiums required to :maintain Mortgage 'Insurande in effect, or to provide. a non refundable loss reserve, until the Lender's ;requirement.ffor. Mortgage' Insurance ends in accordance with any written•agreement:between Borrower' and Lender providing for such termination or .until termination is required by Applicable Law. 'Nothing in this Section 10 afficts Borrower's obligation to, pay interest at the rate provided' in the Note, Mortgage Insurance reimburses Lender (or any: entity that purchases the. Note) for :certain tosses' it may incur if Borrower does not, repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter, into agreements with other parties that share -or modify their risk, or reduce losses.. These agreements: are. on terms and` conditions that are satisfactory to the mortgage insurer and the other party (or.•parties) to these agreements: These agreements may require the mortg insurer to make payments using. any source .of. funds that the mortgage insurer may have available (which may include funds obtained from Mortgage insurance As a result of these agreements,. Lender,.any purchaser of.the Note, another insurer, 'any reinsurer any other entity,. or any, affiliate of any of the •foregoing, may. receive (directly or. indirectly) amounts that derive. from (or •night be characterized as) a portion of Borrower's payments_for Mortgage insurance,. in exchange for sharing or modifying the WYOMING Single FamIly Fannie MaejFreddie Mac UNIFORM INSTRUMENT (MERS) Form 3051 1101 MERS Mortgage -WY' 2006A-WY (08 /08) Page 5 of 9 Aug 2 2011 22:52 )96 000660 DOC ID #1 mortgage insurer's risk; or reducing losses. If :such. agreement that an affiliate of :Lender :takes a Mare of the insurer's risk in exchange for a share of the premiums. paid. to the :insurer;. the .arrangement •is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to. pay- for. Mortgage_ Insurance, or any other terms of the Loan. Such ag will not increase the. amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to anyrefurid (b) Any such agreements.will not affect the:rights Borrower has If any =with respect to..the Mortgage Insurance under the Homeowners Protection Act of 1998 or any. otherMw: These, rights'May include the right.. to receive certain:disclosures, to request and obtain canceriation'of the Mortgage Insurance; to have,the Mortgage Insurance terminated automatically, and/orto receive a: refund of any MOYtgage linsurauce pretitiftrtis" that were unearned at the time of such cancellation or terinatioa:. 11. Assignment of Mlscellaneous Proceeds; Forfeiture. Ail Miscellaneous Proceeds are hereby. assigited to and shall be paid to Lender. If the Property is damaged, such MiscellaneousProceeds.. 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 bas. been completed'to Lender's satisfaction, providcdthatsuch.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 berequired 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 Insitument,.whetheror 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 valve 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:beforethe partial taking,.destruction, or loss in value is equal to or greater"than •the amount.of. the sums secured by thin Security Instrument immediately: before the partial taking; destruction; or loss: in value Borrower and Lender otherwise agree in; writing, thesums secured by this Security Instrument" shallbe reduced by the amount of the Miscellaneous Proceeds multiplied. by the following 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'•alue. 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'vetue 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 nbt the sums are then due. If the Property is abandonedrby 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,, 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 repair: of the Property:or to the:sums securedby this Security Iristrornent, 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 resultin forfeiture of the Property Or other Material 'impairment of Lenders: 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 Lenders judgment; precludes_ forfeiture of the. Property or other material impairment of Lender's interest in the Property or. rights under this Security Instrument. Theproceeds of any award or claim for. damages that are attributable to the impairment of Lender's interest the Property are hereby assigned and, shall be 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. 12. Borrower. Not Released•, Forbearance By Lender Not a Waiver. Extension of the time for payment' or modifica of amortization of the sums secured by this Security Instrument granted by Lender to Bonwcr 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 in Interest ofBorrower 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 01 payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount 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 Borrowers obli and.liability.shall beyoint 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,instrunierit;•(b) is:not personally obligated to pay'the'snrns" secured by this :Secuntylnsirurocnt; "and (c) agrees, that Lender and any: other Borrower can agree to extend, modify; forbear or make any accommodations with regard to the ternis.'of this Security Instruineirt or the Notewithout the co- signer;s•consent. WYOMING Single Family— Fannie MaelFreddle Mac UNIFORM INSTRUMENT (MERE) Form 3051.9/07 MERS Mortgage -WY 2006A -WY (08/08) Page 6 of 9 Aug 2 2011 22:52 P014/095 000 DOC ID' #:.00024020758808011. Subject to the provisions of Section 18, any.Suecessor 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 Borrowers obligations and liability under this Security Tnstrumentunless 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 bender:; 12.. Loan Charges. Lender may: Charge Borrower fees for services performed' in connection with. Borrower's default, for the purpose of protecting Lenders interest in the Property and rights. under this Security Instrument, including but not limited lo, attorneys' fees, property• inspection and. valuation. fees. .In regard- to any. other. fees, the •absence of express authority in this Security Instrument to chargea specific, fee to Borrower shall not be. construed as a' prohibition on the charging ofsuch 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 ether loan charges collected or to be collected in connection with the Loan exceed the permitted. limits,•them (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* prepayment' charge. (whether or not a prepayment charge is provided forunder 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 :night 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 deemed to: have been given to Borrower when mailed by 'first class mail or when 'actually.delivercd to .Borrower's notice'address sent by olher 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 unless Borrower has•designated a,subsiitate 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 Boriower'shahlonly report a change of address through that specified procedure.. There may be only one designated. notice address under this Security Instrunient'at any onetime. Any notice to Lender shall be give•bydelivering 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 bedeemed to, have•beengiven 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 underthis Security Instrument. 16. •Governing Law; •Severability; Rules of Construction: This: Securitylnstrument shall be governed.by federal.: law and the lawof the jurisdiction in which the:Property.is located. All rights. and obligations. contained. in this' Security Instrument. are subject. to any regUirements and: limitations.•of •Applicable Lavi: Applicable' Law might: explicitly': or implicitly allow the .parties to :agree by contract or it be. silent, but such silence shall not be construed• as a'prohibition against agreement by contract: In the event that.any provision or of this 'Security.' Instrument 'or• the Note conflicts with Applicable Law, such conflict shallnot 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 correspondingneuter 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 inkrest 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 dateto apurchaser.. 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 Borroiver•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 Snell exercise is prohibited by Applicable Law. If Lender exercises this_ option,. Lendershall 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 Securitydnstrumerit without further notice or deniand on Borrower. 19., •Borrower's Right to Reinstate After.Acceloration. If Borrower meets. certain:conditioris; Borrower shall have the right to have enforcement.of this Security Instrument discontinucd,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; (by melt other period as Applicable Law might specify for the termination of Borrowers right to reinstate; or. (c) entry of a judgment enforcing this Security Insuvment, 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 to reasonable attorneys' fees; property. inspection and.valuatio•fees, and other fees incurred. for the purpose of protecting Lenders interest in 'the Property andaights. 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.ezpenses in one or more:of the. following.forms,;as selected by Lender: (a) cash; (b) money order; (c) certified cheek,.bank check,.treasurer's check or ci shier:s check, provided. any such check is drawn, upon an: institution whose deposits are insured by •a federal agency; instrumentality .or,entity;. or (d) Blectronid Funds Transfer. Upon reinstatement by Borrower, this Security Instrument:and obligations secured WYOMIiNG Stngte Family-- Fannle Mao /Freddlo Mac UNIFORM INSYRUMEN* (MERS) MERS Mortgage -WY 2008A-WY (08/08) Page 7 of 0 Form 0650/0 Aug 2 2011 22 :52 000662 DOC.ID.# .0002.4.020758808011 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 Servlcer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security: Instrument)' can be sold one•or more lintel without prior. notice. to Borrower AL sale might result in a change in the entity (known as the "Loan Servicer that collects Periodic Payments due tinder. the Note and this Security Instrument and performs othertnortgage loanaervicing obligations under the. Note; this:Secnrity, Instrument, and Applicable.Law.. Thera 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' notiee of the change which: will state the name and address of the new Loan Servicer,•the address' to: which.payinents should be made and any other information. lt_BSPA requires in connection with a notice. of transfer of servicing.. If the. Note is §old and. thereafter the Loan is serviced by a Loan Servicer other than thepurchaser of the Note; the mortgage loan servicingobligations to Bbirower willrernain.Kith the Loan Sorvicer.or be transferred to a successor Loan Servicer and are not assumed by the Not purchaser unless otherwise provided by the.Note purchaser. Neither Borrower nor Lender may:oonimence, jinn, 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. Instrutnent: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 timeperiod which must elapse before certain action can betaken, 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 ofacceleration given to Borrower ursuant. to Section 18 shall be deemed to satisfy the notice and opportunity to talte corrective action provisions of this Section 20: 21. iflazaitdous Substances. As used in this Section.2l:: (a) Hazardous Substances are those substances defined as toxic or hazardous substances, pollutants, or'.wastes•by Environrricntal Law. and lhe.fo)lowing. substances: ga olive, kerosene, other. flammable or toxic petroleum products, toxic pesticides and herbicides,: volatile, solvents materials containing.aabestos or formaldehyde; and radioactive materials; (b) "EnVironmental 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 Law; and (d) •an "Enviro Condition" means condition that can: cause ;:'contribute. to or otherwise rigger 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: notdo,;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 Iwo sentences. shall not apply to.the presence,. use; or storage on the Property.of small .quantities of. Hazardous.. Substances' that. are::generallycrecognized to be appropriate' to normal residential Uses and. to maintenance of the Property. (including but not:limitcd: to, hazardous: substances in consumer products).. Borrower, shall promptly give Lender writtennotice 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 theProperty is'necessary;Borrower shall: promptly take all necessary remedialactions in accordance with Environmental Law.. Nothing herein shall create•any obligationon.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 prier- o acceleration under Section •18 unless Applicable Law provides otherwise); The notice shall specify:.. (a) the default ;:(b) the action: requlred'to cure the default, (e) a'date,. not' less than 30 days' from •the, date the notice is given to Borrower; by which.thc default must be curetk and,(d) that failure to cure the. default on or. before the date `specified: ln.the notice may result..in. acceleration of: the, sums .secured by this Security Instrument and, sale of the P roperty: The notice 'shall further; inform Borrower. of. the ;rightto relnstate,after•acceleration and' the right'to bring a action to assert the, non- existence of a 'default' or any other defense 'of Borrower .'to''acceleration a sale: If the default is not cured on Or before the date specified io: the notice Lender at its 'option may regnireamniediate payment in full of all sums.secured by this'Securitylnstrunaent: without further demand and may lilvoke,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 ln'this Section,22, Including;but not limited t6; reasonable attorneys' fees and costs of title evidence.. If Lender invokea the: power' of sale, Lender. shall give notice:of intent. to 'foreclose to ••Borrower and to the person in possession of the Property,af in accordance_with Applicable Law. Lender sbalE'give notice' of the sale to Borrower. In the manner provided io Section 15. Lender. :shall: publish:4he notice of sale ;:and the. Property shall be:sold the manner prescribed by; Applicable Law: Lender or its designee: may purchase: the. P.roperty at any sale. The proceeds of the sale be applied In the following order: '(a) 10 all expenses of the `sale, including, but not lirnited to, reasonable attorneys'::: fees;. (b) fo_all sums. secured: by this Security.Instruinent; and (c) any excess to the person 'or persons legally' entitled to it. WYOMING Single Family Fannie Mae/Freddla Mae UNIFORM INSTRUMENT III @RS) MERS Mortgage WY .2006A -WY (08/08) Page 8 of 9 Form 30511/01 Aug 22011 22:52 P016/096 000663 23. Release. Upon payment of all sums secured Instrument. Borrower shall pay any recordation costs. Instrument, but only if the fee is paid to a third party for Applicable Law. 24. Waivers, Borrower releases and waives all of Wyoming. DOC ID 00'029020758608011 by this Security Instrument, Lender shall release this. Security Lender may charge Borrower a.fee for releasing tltis:Security services rendered and the charging the fee is.peimitted under rights under and by virtue of the homestead exemption laws 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. State of County of .r„Ci 4. h� n et o_'1 lIICdyWIE DEWOLF My commission expires: This instrument wan before me op A! i 2 0 Dv f 7� g by Gvl.'��.t t >jaLtF✓ AA 'Z :lei n e. V�'? 4kie, I .17.44-r4.. 4 Title (and.Rank) WYOMING— SIngle Family Fannie mite /Freddie Mac UNIFORM INSTRUMENT (MRS) MERS Mortgage -WY 2006A -WY (08/08) Page 9 of 9 Aug 2 2011 22:52 rulit096 (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Signature of notarial officer) MARK A. MANEftiiNG Notary ,Public. State of ericlana LaPorte County E o ati It iQi"l Exp. l ec icinuary 21 201.•7! Form 3054 1/01. 000664 After Recording Return To: BANK OF AMERICA, N A ReconTrust Co. /TX2 979 01 07 P.O. Box 619003 Dallas, TX 75261 -9003 Prepared By: ANNE M. JONES SECOND HOME RIDER [Escrow /Closing THIS SECOND HOME RIDER is made this FIFTH day of AUGUST, 201,1 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 BANK OF AMERICA, N.A. (the. "Lender of the same date and covering the Property described in the Security Instrument (the "Property which is located at: 238 YELLOWSTONE DRIVE, THAYNE, WY 83127 [Property Address] MULTISTATE SECOND HOME RIDER Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT CONVNA Second Home Rider 1365R -XX (09 /08)(d /i) Page 1 of 2 2 3 9 9 1 Aug 2 2011 22:52 P018/096 000665 NTL 2291 00024020758808011 [Doc ID Form 3890 1/01 2 4 0 2 0 7 5 8 8 0 0 0 '0 0 1 3 6 5 R* /4/g2/8\ CJ V` itt HRIS O��R DEWOLF Aug 2 2011 22:52 ruwwi096 000666 DOC ID 00024020758808011 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 Borrowers 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Second Home Rider. (Seal) Borrower (Seal) Borrower (Seal) Borrower MULTISTATE SECOND HOME RIDER Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 38901/01 CONV /VA Second Home Rider 1365R -XX (09/08) Page 2 of 2 (the "Declaration The Property is a part of a planned unit development known as BRIDGER VIEW RANCHES Planned Unit Development Rider 1007R -XX (05 /08)(d /i) Page 1 of 3 PLANNED UNIT DEVELOPMENT RIDER vi Aug 2 2011 22:52 P020/096 000667 NTL -2291 00024020758808011 [Escrow /Closing [Doc ID THIS PLANNED UNIT DEVELOPMENT RIDER is made this FIFTH day of AUGUST, 2011 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 to secure Borrower's Note to BANK OF AMERICA, N.A. (the "Lender of the same date and covering the Property described in the Security Instrument and located at: 238 YELLOWSTONE DRIVE THAYNE, WY 83127 [Property Address] The Property includes, but is not limited toga parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities as described in THE COVENANTS, CONDITIONS, AND RESTRICTIONS FILED OF RECORD THAT AFFECT THE. PROPERTY [Name of Planned Unit Development] (the "PUD The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association and the uses, benefits and proceeds of Borrower's interest. MULTISTATE PUD RIDER Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3150 1/01 2 3 9 9 1 2 4 0 2 0 7 5 8 8 0 0 0 0 0 1 0 0 7 R Aug 2 2011 22:52 396 DOC ID #:00024020758808011 PUD COVENANTS. In addition to the covenants and agreements made in the Security .Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD;s Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and (iii) any by -laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the terrn "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, for which Lender requires insurance, then: (1) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to .Borrower. C. Public Liability Insurance: Borrower shall take such actions as may be reasonable to ensure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent, Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of. the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent. Documents" if the provision is for the express benefit of Lender; .(iii) termination of professional management and assumption of self- management of the Owners Association; or (iv). any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. MULTISTATE PUD RIDER Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3150 1/01 Planned Unit Development Rider 1007R -XX (05/08) Page 2 of 3 000668 46 7 1/ BON IE DEWOLF Planned Unit Development Rider 10078 -XX (05/08) Page 3 of 3 Aug 2 2011 22:52 P022/096 000669 DOC ID 0 0024020758808011 F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrwnent. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and to the terms and covenants contained in this PUD Rider, L IM AA (Seal) CHRIS DEWOLF Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower MULTISTATE PUD RIDER Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3150 1/01