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HomeMy WebLinkAbout962576Recording Requested by FAT Prepared By: Heather Hady 4801 Frederica Street Owensboro, KY 42301 DEFINITIONS U.S. Bank Home Mtg -Final Doc 1550 American Blvd East #440 Bloomington, MN 55425 is I 2200201946 WYOMING Single Family Fannie Mee /Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP (N Wolters Kluwer Financial Services RECEIVED 1/4/2012 at 9:56 AM RECEIVING 962576 BOOK: 778 PAGE: 755 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY AFTER RECORDING RETURN TO DOCUMENT PROCESSING SQLUTIONS, INC. 590 W. LAMBERT RD. BREA, CA92821 (Space Above This Line For Recording Data] I MORTGAGE MIN 100021200005303291 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain: rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated 12/19/2011 together with all Riders to this document. (B) "Borrower" is JUSTIN G. ANDREWS and CATHERINE ANDREWS, husband and wife Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender 'and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS' is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Bo 2026, Flint, MI 48501 -2026, tel. (888) 679 -MERS. Initials• D VBAWV Form 30b1 1/01 VMPRA(WV) (0808) Pegs 1 of 16 00155 (D) "Lender" is U.S. Bank N.A. Lender is a National Association organized and existing under the laws of The United States Of America Lender's address is 4601 Frederica Street, Owensboro, ICY 42301 (E) "Note" means the promissory note signed by Borrower and dated 12/19/2011 The Note states that Borrower owes Lender Two Hundred Twenty -Five Thousand and 00 /100ths Dollars (U. S. 225, 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 January 01, 2042 (F) "Property" means the property that, is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due u this Security Instrument, plus interest. (11) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [cheek box as applicable]: Adjustable Rate Rider Adjustable U Condominium Rider U Second Home Rider Balloon Rider 1 1 Planned Unit Development Rider 1 1-4 Family Rider VA Rider 1 Biweekly Payment Rider 1 Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" melons 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 sb as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance 'Proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. 1 (N) "Mortgage Insurance" means insur protecting Lender against the nonpayment of, or default on, the Loan. ,a (0) 'Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section! 3 of this Security Instrument: 2200201946 WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT WITH MFRS VMP2) Wolters Kluwer Financial Services D VtAWV Form 36 1/01 VMPBA(WV) (0806) Page 2 of 16 00756 (P) "RESPA" means the Real Estate Procedures Act 12 U. S. C: Section 2601 et seq.) eq.) and its implementing regulation, Regulation' X :(24 C. F. R Part 3500), as they might be amended from time to time, or any additional or successor legislati n or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refersito all requirements and restrictions that are imposed in regard to a "federally related mortgage loan! :even:'f the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower' s of igations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERc This Security Instrument secures to Lender :I (J) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the d p of Borrower' s covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender' s successors and assigns) and to the successors and assigns of MERS, with .power of sale, the following described property located in the County of Lincoln [Type of Recording Jurisdiction] j,i [Name of Recording Jurisdiction] SEE EXHIBIT "A" ATTACHED HERETO :AND MADE A PART HEREOF Parcel ID Number: 3418 which currently has the address of 233 EAST CIRCLE DRIVE [Street] THAYNE [City] Wyoming 83127 [Zip Code] "Property Address 4i l TOGETHER WITH all the unprov'ements now or hereafter. erected on the property, and all easements, appurtenances, and fixture's ;bow or hereafter a part of the property. All replacements and additions shall also be covered by this 4Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. i' a. ty petty. rorrower understands and agrees that MERS holds only legal title to the interests granted by Borrower itirthistSecurity Instrument, but,, if necessary to comply with law or custom, MERS (as nominee for Lender ;and Lender' s successors and assigns) has the right: to exercise any 2200201946 o V6AWY WYOMING Single Family Fannie Mee /Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3661 1/01 VMP !1 i VMP6A(WY) (0906) Wolters Kluwer Financial Services .1 Ir3tials• Page 3 of 16 CA_- 00757 or all of those interests, including, hilt ,not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that. Borrower is lawfully seised ofithe estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Intere Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges doe :under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instnunent received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments clue under the Note and this Security., Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier' s check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or enti ty;, or (d) Electronic Funds Transfer. Payments are deemed received by' ];ender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or pupal payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment isi applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender mayhold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not;do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against ,ender shall relieve Borrower from making payments due under the Note and this Security Instrument' Or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the' t Payments if, and to the extent that, each payment can be 2200201949 WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP(4 Wolters Kluwer Financial Services O VRAWV Form 3051 1 /01 VMP6AiWY1 (08061 Page 4 of 16 00758 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in thelNote. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section: 5; and (d) Mortgage Insurance 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 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assess mens; 1 `if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower' s obligation to pay the Funds for any or all Escrow Items.: Lender may waive Borrower' s obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, $orrower 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 time 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 pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an`Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, uponilsuch1revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed maximum amount a lender can require under RESPA. 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 institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lei if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender Shall apply the Funds to pay the 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 Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. 2200201946 WYOMING Single Family Fannie Mee /Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP(-y Wokers Kluwer Financial Service, D V6AWY Form 3651 1 /01 VMP6AIWY) (0806) Inkials• Page 5 of 16 00759 If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall? notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make iip'the shortage in accordance 4ith RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESP I and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sunis cued by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender: 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can 'at$ain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, andlCommunity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrow performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of th lien in, legal proceedings which in Lender' s opinion operate to prevent the enforcement of the lien while those proceedings are pending; but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which! that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this: Section 4. Lender may require Borrower to pay' a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire) hazards included within the term "extended coverage," and any other hazards including, but not limited'to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requireslpiusiiant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender' s right to disapprove Borrower' s choice, ;which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection' with this Loan, either: (a) a one -time charge for flood zone determination, certification and tracking (services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination j or certification. Borrower shall also be responsible for the payment of any fees imposed by the Vederal Emergency Management Agency in connection with the review of any flood zone detenninationjlresulting from an objection by Borrower. If Borrower fails to maintain any bf the coverages described above, Lender may obtain insurance coverage, at Lender' s option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. I i'herefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower' s equity' in the Property, or the contents Of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained; Any amounts disbursed by Lender under this Section 5 shall 2200201946 WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP(F) i4 Wolters Kluwer Financial Services 0 VBAWY Form 3051 1(01 VMPBAIWY) (0806) Page 8 of 16 become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required b4 Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss (payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/orias an additional loss payee. In the event of loss, Borrower shal give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender' s security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender! l satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. 1 Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economic'a1y feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. 11 If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower�does respond within 30 days to a notice from Lender that the insurance carrier has offered to settle aclaim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower;,hereby assigns to Lender (a) Borrower' s rights to any insurance proceeds in an amount not to exceed tIIe amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies Overing the Property, insofarias such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower sha11dcctipy, establish, and use the Property as Borrower's principal residence within 60 days after the execution' of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consents shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance a Protection of the Property; Inspections. Borrower shall not Al I destroy, damage or impair the Propert allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is presiding 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 2200201946 WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP N Wolters Kluwer Financial Services Initlals D VBAWY Form 3051 1/01 VMPBA(WY) (0806) Page 7of16 00761 determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower' s obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or 'entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially!false,. misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower' s occupancy of the Property as Borrower' s principal resideiace. 9. Protection of Lender's Interest hi 'the Property and Rights this Security Instrument. If (a) Borrower fails to perform the coven is Viand agreements contained L in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender' s interest,m' the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate; for condemnation or forfeiture, for enforcement of a lien which may attain 'priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender, may do and pay for whatever is reasonable or appropriate to protect !Lender's interest in the Property and rights under this Security Instrument, including protecting and/or; assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security, Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is.agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9.. I Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. Tliese amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required:tz maintain the. Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required ly Lender ceases to be available from the mortgage insurer that previously provided such insuranceiahtd Borrower was required to make 'separately designated payments 1 II 1 11 11 2200201946 WYOMING Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS it VMP(nj Wolters Kluwer Financial Services Initials: D V6AWV Form 3051 1/01 VMP6A(WY) (06061 Page 6 of 16 00762 toward the premiums for Mortgage illnsurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower o'f; the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender 4f .substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non refundable loss reserve, in lieu of Mortgage Insurance. Such loss reserve shall be non refundable, notwithstanding the fact th the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount andfor the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward die premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making tlie;ILoan and Borrower was required `to make separately designated payments toward the premiums for Mo gage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect or to provide a non refundable loss reserve, until Lender' s requirement for 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 affects Borrower' s obligationto pay interest at the rate provided in the Note. Mortgage Insurance reimburses I ender (or any entity that purchases the Note) for certain losses 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 `t�otal 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 mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). I As a result of these agreements, tender, 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 might be characterized as) a. portion of Borrower' s payments for Mortgage Insurance, in exchange for sharing or modifying tli rtgage insurer' s risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer' s risk in exchange for a share of the premiums paid to the insurer, the arrane� is often termed "captive reinsurance." Further: (a) Any such agreements will h ot affect the amounts that 'Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will i t affect the rights Borrower has if any with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of sucb cancellation or termination. 1� 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. I11 2200201946 WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP(p Wolters Kluwer Financial Services D VBAWY Form 3051 1/01 ca VMPOA(WY) (0906) Initials. Page 9 of 19 00'763 If the Property is damaged, suchI Proceeds shall be applied to restoration or repair of the Property, if the restoration or rep, tr isleconomically 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 disburseent or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or #repair is not economically feasible or Lender' s security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, ifiany, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Sectirin 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. '1 ,.•_i I In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or Loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless 'Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the 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, die§truction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree ih writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether nr not the sums are then due: If the Property is abandoned q Borrower, or if, after notice by Lender to Borrower that the Opposing -Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous' Proceeds either to restoration for repair of the Property or to the sums secured by this Security Instrument; whether or not then due, "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender' s judgment, could result in fo'r'feiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as rovided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender' s judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the 1?ropdrty or rights under this Security Instrument. The proceeds of any award or claim for damages that are iattributabl a to the impairment' Lender' s interest in the Property are hereby assigned and shall be paid to Lender, All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. I 2200201946 WYOMING Single Femiry Fannie Mae /Freddie Mac UNIF RM INSTRUMENT WITH MFRS VMP (y Woken Kluwer Financial Services D VBAWY Form 3651 1/01 VMP6A(WY) (09081 Page 10 of 19 00764 II 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization:ofthe sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrovtrr. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower !or to refuse to extend time for payment or otherwise modify amortization of the sums secured by tlii Security Instrument by reason 'of any demand made by the original Borrower or any Successors in Interest ;of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender' s acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then•due, shall not be a waiver of or preclude the exercise of any right or retnedy. 13. Joint and Several Liability; signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower' s obligations a nd liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but 'does` not execute the Note (a "co- signer (a) is co- signing this Security Instrument only to mortgage, g and convey the co- signer' s interest in the Property under the terms of this Security Instrument; (b) is not „personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender) and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer' s consent. 1 Subject to the provisions of Seion 118, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower' s rights and benefits under this Security Instrument. Borrower shall not be released from Borrower' s obligations and liability under this Security Instrument unles§ Lender agrees to such release in writing. The covenants and agreements I of :this this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may Borrower fees for services performed in connection with Borrower' s default, for the purpose of protectin Lender' s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence;of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as'a'prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law whieh sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges: collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. iendei• 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 jrepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower' s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action :Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrdwier in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower' s notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers ir unless Applicable Law expressly reques otherwise: The notice add ess shall be the Property Address I,I 2200201946 D VBAWY WYOMING Single Family Fannie Moe /Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3051 1 /01 VMP VMP6A(WY) (08081 Wolters Kluwer Financial Services a Initials. Page 11 of 18 a- if .00765 unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower' s change of address. If Lender specifies aprocedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notioe address under this Security Instrument at any one time. Any notice to Lender shall be given by del Nieririg it or by mailing it by first class mail to Lender' s address stated herein unless Lender has designated another address by notice ;to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 1 16. Governing Law; Severability; :.Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law migh$ or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be, construed as a prohibition against agreement by contract. In the event that any provision or clauselof this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other Iprovisions of this Security Instrument or the Note which can be given effect without the conflicting provision, I As used in this Security Instrument: (a) words of the masculine; gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 4 17. Borrower's Copy. Borrower 4h l.;e given one copy of the Note and of this Security Instrument. 18. Transfer of the Property o rb fici Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which iithe transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property* Zany' Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender' s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. 1I If Lender exercises this option, lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of. this period, Lender may invoke, any remedies permitted by this Security Instrument without further notice orldemand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days befoie of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower' s right to reinstate; or (c)1entr of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration, had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited 2200201948 D VOAWY WYOMING Single Family Fannie Mee /Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3051 1/01 VMP5) VMP8AIWY1 10806) Wolters Kluwer Financial Services Initials: Page 12 of 18 C. oo"166 to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender' s interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably. require to assure that Lender' s interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged: Lender may require that Borrower :pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer' s check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan•Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security`idstrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servi4 unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written; notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice ofitransfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than ;the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan :Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may :commence, join, or be joined to any judicial action (as either an individual litigant or the member ofOl alas.) that arises from the other .party' s actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until' such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period 1 after the giving of such notice to take corrective action. If Applicable Law provides a time period :which must elapse before certain action can be taken, that time period will be deemed to be reasonable l for, purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrov(%ci; pursuant to Section 22. and then notice of acceleration given to Borrower pursuant to Section 18 shall lie deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. i+ 21. Hazardous Substances. As us ed in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous' substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene) other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal' lawsland laws of the jurisdiction Where the Property is located that relate to health, safety or environmental. pr (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permitIthe presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any I- azardous Substances, on or in the Property. Borrower shall not do, VS1 2200201848 WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP(y Wolters Kluwer Financial Services Initials. D VBAWV Form 3661 1/01 VMPOA(WY) (0808) Page 13 of 18 0016'7 1iI II .i,i i• nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental 'Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the. Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, b not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any 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 bdt 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 autbority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with' Environmental Law. Nothing'hetein shall create any obligation on Lender for an Environmental Cleanup. NON UNIFORM COVENANTS.' Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security ,Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required utol cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified ini the notice may result in acceleration of the sums secured by this Security Instrument and sale of lithe Property. The notice shall' further inform Borrower of the `a right to reinstate after acceleration l Property. right to bring a court action to assert the non existence of a default or any other defense of Bui1o' er to acceleration and sale. If the default is not cured on or before the date specified in the notice,t Lender at its option may require immediate payment in full of all sums secured by this Security iOilruiment without further demand and may invoke the power of sale and any other remedies permit by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. p If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of ithe Property, if different, in I accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the (Property shall be sold in the" manner prescribed by Applicable Law. Lender or its designee may pu'rchas "e the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secure by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. I m 23. Release. Upon payment of all sum secured by this Security,Instrument, Lender shall release this Security Instrument. Borrower shall, pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but !only the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. 1,rI :I r 2200201946 WYOMING Single Family Fannie Mae /Freddie Mac UNIF,O'RM INSTRUMENT WITH MFRS VMP(y 'i Wolters Kluwer Financial Services iI l Initiela: D VBAWY Form 3051 1/01 VMPOA(WY1 108081 Page 14 of 16 00768 BY SIGNING BELOW, Borrower "terms and covenants contained in this Security Instrument and in any Ridel executed by Borrower and recorded with it. 11- ,t i• 1 4. Witnesses: 4 1 1 I 1 -Borrower I I!! .1 .1 i (Seal) (Seal) ;-IdOrrOWer -BOITOWCY .°1 I I ■I I (Seal) (Seal) 4 s A 1 2200201946 WYOMING Single Farr* Fannie Mee/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP Wolters Kluwer Financial Services '1 I -Borrower -Borrower 4 f 4 4 (Seal) (Seal) -Borrower (Seal) -Borrower 0 V6AWY Form 301 1/01 VMPOA(WY) (08061 Page 15 of 16 00769 My Commit sion xpires: 1 i 1- 1,t)ic 1 ri I II l• 4 r.■ STATE OF WYOMING, I, i .4 03 4 This instrument was acknowledged before me on by JUSTIN G. ANDREWS and CATHERINE ANDREWS q I V 44 4 Jfr d 1 4 2200201946 WYOMING Single Family Fannie Mee/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP 8 441 Wolters Kluwer Financial Services I pi 1 :4 11 4 County ss; Notary Public Title (and Rank) V\ t...frirk161 4 !,1 i 1 4. LAUN 4 t t\C-Wk 1\10TARY PUBLIC I "k Counf‘t.) rt tate of Wyoming COMMIT EXPIRES LAL_Vel fi .1 4 4 1 !I 1 I II II I d ;1 ,t I 1 1.1 D V6AWY Form 3ni 1/01 VMP6A(wv) (0808) P090 16 of 16 00770 File No.: 9909 3888835 (dr) Property: Po Box 912, Thayne, WY 83127 LOT 6 OF NORTH FORTY SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON JULY 6, 2007 US INSTRUMENT NO. 930990 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. A.P.N. 3418 192 -00- 184.00 EXHIBIT 'A' 9909 3888835 1 of 1 00771