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Home My WebLink About963448Return To: Citibank, N,A, Attn: Document Processing P.O. Box 790021 St. Louis, MO 63179-0021 Prepared By: Citibank, N.A. 1000 Technology Drive MS 945 0 Fallon, MO 63368-2240 DEFINITIONS 1Spoce Above This Line For Recording Dett,1 MORTGAGE 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 M this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated February 29, 2012 together with all Riders to this document, (13) "Borrower'' is John Halabrin Borrower is the mortgagor under Ibis Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation [hat 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 theiaws of Delaware, and has an address and telephone number of 1 130X 2026, Mint, ME 48501 2026, le.!, (888) 679 MERS, 0011221300396 WYOMING Single Family Fannin Mae/Ffenfiie Mac UN FOR INSTRUMENT WITH MLRS VN1P Wolters NUM! Financial Services RECEIVED 3/1/2012 at 11:56 AM RECEIVING 963448 BOOK: 782 PAGE: 121 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY MIN 1000115112289039 0 Initials: CilAanli 3,2.55.07 V3 Form 3051 1101 VMP6A(WYI Page 1 oi 16 (D) "Lender" is Citibank, N.A, Lender is a Corporation organized and existing under the laws of the United States Lender's address is 1000 Technology Drive O'Fallon MO 63368-2240 1Ve$0 votOMING Sin Oe H»rniiy Fnn Nia M prgwoRm iusTRutvitNr WITH MOM VNIP WolTert Kluswif Pinaniot Svivico. 00122 (R) "Note" means the promissory note signed by Borrower and dated February 29, 2012 The Note states that Borrower owes Lender One Hundred Seventy One Thousand Two Hundred Dollars (U.S. $171,200.00 plus interest, Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1, 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 chuges and late charges due tsnder ific Note, and all sums due under (his Security Instrument, plus hues est. (1 "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (deck box as applicablel: FX Adjustable Rate Rider Condominium Rdei j Second Home Rider Ej Balloon Rider X Planned Unit Development Rider F 1-4 Family Rider jj VA Rider iBiweekly Payment Rider El I Other(s) Ispecifyl Schedule "A' (1) "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 "Electronic Funds Transfer" means any trtmsfer or funds, other than a transtiction originauA by check, draft, or shnilar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or ct•edit an account. Such term includes, but is not limitt,td 10, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers, (L) "ESCTOW 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 Man insurance proceeds paid under the coverages dt,scribed in Section 5) for (1) darnage to, or destruction of the Property; (ii) condemnation or other taking or all or any part of the Property; (iii) conveyance in lieu of condenmation; or (iv) misrepresentations of or omissions as to the value and/or condition of the Properly, (N) "Mortgage Insurance" means Insurance protecting Lender against the nonpayment or, Of default on, he Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and inte 'est t der the Note, plus (ii) any amounts under Section 3 of this Security instrument. Citibank 3 V Form ..i0r1 101 VIVICtiAlViV) (OHNii 00 poir )6 (P) "RESPA" mans the Real Estate Settlement Procedures Act (12 U.S.C. Section 2101 et seq.) and its implementing regulation. Regulation X (21 C.I.R. Part 3500), as they might be amended from time to time or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed hi regard 10 a "federally related mortgage loan" even if' the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party thal has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument, TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (0 the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (0) the performance or Borrower's covenants and agreements under this Security Instrument and the Note, For this purpose. Borrower does hereby mortgage, grant and convey to MFRS (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 descrilnd property located in the County of Lincoln [Type of Recording jurisdiclioni INonic of Recording jmisdiClionl See Title Parcel ID Number: 265 Hawthorn Drive Alpine ("Properly Address"): l'OGETHER VVITH all the improvements now or hereafter erected on the property, and all easements, appui tenances. and fixtures !TOW or hereafter a pail of the pt'operty. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Properly." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Security instrument, but, 11 necessary to comply with law or custom, NIERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any 00114n90390 votomiN( $Ilg 1 ni,ly Foonie Mao/Froche Mac UNIFORM alsreutocni wlm MFRS. VIVIR WiRters Kluwer Floaociril Sets/Im.m which currently has the address of 'Sown [cast Wyoming 83128- tZla Code! clOonk 3,Z,5$.07 V3 Form 3051 1/01 VMP6A(WY) (0806),00 Pop 3 o! 16 00123 .r all of those interests, including, but not limited to, the dg to foreclose and sell the Property: and to take any action required Of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed kuid has the right to Mortgitge, grant and convey the Property and that the Property is unencumbered, ex pt for encumbranct$ of record, Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. MIS SF.CLITUTY INSTRUMENT combines uniform coventints for national use and non-uniform covemmts with limited variations by t n to constitute a uniform security instrumerli c'OVOling real property. UNIFORM COVENANTS: Borrower and Lender covenant and agree as follows: 1. Payment of Principal,. Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due .the principal of and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay finals 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 clieck or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash (b) money order: (c) certified check, bank check, treasurer's clwck or cashices check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrunientality, or entity; or (c!) Electronic Funds Transfer. Payments are deemed received by Lender When received at the location designated in the Note or at suck other 'location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment w partial payments are insufficient to bring the Loan cut Lender may accept any payment or partial payment insufficient td 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 thne such payments are accepted, If each Periodic' Payment is applied as of its Scheduled due date, then Lender need not pay interest on unapplied.funds., Lender may :hold such unapplied.fUnds until Borrower Makes payment to bring the Loan current. If Borrower does not do so within a rnasonable period of time Lender shall either apply such funds or return to owet If not applied earlier; such funds will be applied to the outstanding principal balance under the. Nate 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 perfnrming ti and agl'eements sec tired by this Security Instrument, 2, Application of Payments or Proceeds, Except as otherwise described 01 this Section 2, all payments accepted and applied by Lender shall be applied in the following order or priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section a. 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, ;.tini 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 nuly: be applied to the delinquent payment and the late charge. If more than one Periodic. Payment is oinstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments W, and to the extent that, each payment can be 90112za9e36 Ci(tbfinit 3.2:56.01 WYOMING Sih9te forniiy FanniO MaafEreadle Mac UNIFORM i14STROmEN1 WIEN MFRS VMP ronn 30S1 1/01 YMP0AIWY) (060600 Waite:5 Pluwes Financial Services Pao 4 of 16 00124 paid in full. To the extent that any excess exists after the payment is applied to the full Ntyment of (me or more Periodic Payments, such excess may be applied to any late charges due. Voluntary pm shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds fo principal due meter the Not 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 N 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 hen or encurnbrance 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," Ai origination or at any lime during the term of the Loan, Lender may require that COmumnity Association Ones, Fees, and Assessnients, 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 hems unless. Lender waives Borrower's obligation to pay the Funds for any or all Escrow items, Lender tnay waive Borrower's obligation to pay to'Lender Funds for any or all Escrow Items at any thne. 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 reeeipts.evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall tor 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, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, dial are then required under this Section 3. Lender may, at any titne, collect and hold Funds in an amount (a) sufficient to permit Lender 10 apply be Funds at the time specified muter RESPA, and (h) not to exceed the maximum amount.. a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of curreet 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. Lendershall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lendershall 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 'Merest or earnings on the Funds, Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lendershall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. 001122890395 WYOMING Single Family Fannie Ma0Fredi(o Mc UNIFORM INSTRUMEN1 Wfli4 MERS VMP Wolmrs Kluwer Finanaial Services Citibank 1,2,55.07 V3 Form 3057 1/01 VMPtiA(WY) (01106) 00 Page 5 of 15 00425 If I,i)tre is a surplus Of Funds held hi esetow, 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 hi escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA„ and Borrower shall pay to Lender the amount necessary to Make up the shortage in accordance with RESPA, but in DO more than 12 monthly payments, If there is a deficiency of Funds iteld:id escrow as defined under RESPA. Lender shall notify Borrower as requimd by RESPA, and Btirrowa shall pay to Lender the amount necessat'y to mahe up the defi.ciency in accordance with RI S1\ but in no more than 12. monthly payments. 'Upon payllient in full of all sums secured y this Seetnityinstrument. Lender shall promptly el und to Borrower any Funds held by Lender, 4, Charges; Liens, Borrower shnll pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can ,attain prierity over this Security Instrument, leaehold pi or ground rents on the :Property, if an and Community Association Dues, Fees, and :Assessments, if any. To the extent that these iterns.are Escrow Items. BorroWer shall pay them in the manner provided inSection 3. Borrower shall promptly discharge any lien 1,vhich has priority over this Security Instrument unless Borrower; (a) agree s in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is 'performing such agreement; (b) contests he lien in good faith by. or defends against enforcement of the lien in legal proceedings which in Lender's:opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded: or (c) secures from the bolder of the lien an agreement satisfactory to Lender subordinating die lien to this Security instrument. If Lender determines that any part of the Property is subject to a lien which can attain pried!), ever this Security InStrumein, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is givee, Borrower shall satisfy the lien or take one or more .of the actions set forth:above in this Section 4. Lender may require Borrower pay a one charge for a real estate tax NieritIcation and/or reporting:Service used by Lender in tonnection'with this Lean. 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 baprds including, but not limited to, earthquakes and floods, for which Lender requireS insurance. This insurance shall be maintained in the amounts (including level) and for the periods that .Lenderrequires, What Lender requires pursuant to the preceding :sentences can change during the term of the :Loan. The insurance carrier providing the insuranenshall be 'chosen by BorreWffsubjed to Lender's right to disapprovt Borrower's eheice which right shall net be exercised unreasonably, Lender may require Bor0Wer to pay, in COilfleCtiOn snh this eidow. (0 one.qinte charge for flood zone determinatiOn, codification and (Nicking.services: or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time retnappingS'er sirnitai changes occur which reasonably might affect such determinatiOn or certilicatien. Borrower stud] also be responsible for Me payment of any fees Unposed by the Federal Emergency Management Agency m connectiort with the review of any fled zone determinatietrresuhing from an ohjertiotr by BorrOwer, W Borrower fails to maintain: any :of the Overages, described above, Lender may obtain insurance coverage, at Lender's option and Borrowers ekpense, Lender is under no obligation to purchase any particidar type .or amount :of coverage, TherefOre, such .Coverage.shall corer Lender; but might or might not protect Borrower, lierreWeCsequity to the 'Property, or the contents of the Properly, against any risk, hazard or liability and might provide .greater or lesSer coverage than was previously 41 'etre:et, Borrower acknowledges that the cost of the insurance coverage so obtained roJght significantly: exceed the cost of insurance that Borrower 'Could have obtained. Any amounts disbursed by Lender under this Section:5 shall 0011270)0396 WYOMING Single Family Fannie Man/F(eacke Mac UNIFORM INSTRUMENT WITH MERS VMP Wolters.KlnweT Fintinelal Services Citibank 12,56,07 V3 F 51[11 305 1 1101 VMP6A(WY) (0806),00 Page 6 of 18 00126 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 retptired hy Lender' and renewals of such policies shall be subject to Lender's right to disapprove suet' policies, shall inelude a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to bold the policies and renewal certificates. if Lender requireS, Borrower OA promptly give to Lender all receipts of Old prendunts and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a 'standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. in the event of loss, Borrower shall prompt notice to the insmance 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 proceetfs, 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 periml, Lender shall have the right to .hold such insurance proceedS until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such inspection shall be undertaken promptly, Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing .or pplicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusterS, or other third parties, retained by 'Borrower shall .not be paid out of the insurance proceeds and shall be the sole obligation of Borrower, If the restoration or repair is not economically feasible or Lender's security would: be lessened, the insurance proceeds shall he applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2, If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related inatterS. If Borrower tides not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may riegotiate and settle' the claim. The 30-day period will begin when the notice is given, In either event, or if Lender acquires the Properly under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Boetower's rights to any insurance proceeds in an amount not to exceed ,the amounts unpaid under the Note or this Security instrument, and (14 any other of Borrower s rights (other than the right I.0 any refund of unearned premiums paid by Borrower) under all insurance policies covering the property, insofar as such rights are applicable to the coverage of the Property; Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not Metedue. 6. Occupancy, Borrower Shan OCCupy, establish, and use the Properly as Borrower's principal residence within 60 days after the execution olthis Security instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of ectupancy, unless 1,,,e101er otherwise Agrees in writing, which consent shall not be uereasonably withheld, or unless extenuating circumstances exist which are:beyond Borrower's c ontrol, 7. PreSerVation, Maintenance and Protection Of the Property; Inspections. Borrower shall not destroy. dannige or impair the Property, allow Me Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, BorrOwer shall maintain the Properly in order to prevent the Property front deteriorating or decreasing in Vilit/t due to its 'condition., Unless it is 6611228110396 Citilmok 3.4.66 07 V3 WYOMI$0 ,EEEEn4y Forolit Mos: UNIFORM INSTRUMENT ME. IES Foto 1051 1(01 vtorrActivY) t0000 00 Woillars 1(hforio rinrin,6 Servico,4 Paw, 7 of 16 00127 determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrt.rwer' shall promptly repair the Property if damaged to avoid further deterioration or &hrnage, If insurance or condemnation proceeds are paid in connection with damage to, or thes 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, Borrowet 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, 11' it has reasonable cause, Lender may inspect the inferior 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 he 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 f misleading, or inaccurate information or statements to Lender (or .failed to provide Lender with material information) in connection with the Loan, Mate:r.ial ir_preserrtations include, but: are not limited to, representations concerning Borrower's• occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest: in the Property and Rights Under this Security Instrument, if (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and /or rights under this Security Instrument (such as a proceeding 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 <►ssessing:the value of the Property, and securing ,sod /or repairing the Property. Lender's actions can include., but are not limited lo; (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 Properly and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing .the Property includes, but is not limited lo, entering the Property to make repairs, change .locks, replace or board up doers and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have turned Oil or off, Although Lender may take action under this Section.9, Lender does not have to do so and is not ur any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized wider this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of I3trrr secured by this Security Instrument, These. amounts shall bear interest at the Nole vale from the date of disbursement and shall be payable, with such interest. upon notice from Lender to Borrower requesting payment, if this Security lnstrutrtent is on a leasehold, Borrower shalt cotnply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee tide shall not merge unless Lender agrees to the merger in writing. 10, Mortgage Insurance, If Lender required Mortgage Insurance as a condition of snaking the Loan, Borrower shall pay the °pretaiurns required to maintain the Mortgage Insurance in effect. Ifs for any reason, the Mortgage' Insurance coverage required by°:Lender ceases to he available from the Mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments 001122ei)0395 W YOiulltIG Single Family Fannie Me VMP't% Wolters Kll+wer Financial Services misik, Mac UMEGs3M iprsl'l2IJME ^1r WITH ro1ERS 4illbrank 3.2,1,S,0 ;I VS roan 3001 1101 VMI'6 WdY) (01105) 00 Pam, 4117i i (z 00128 toward the premiums for Mortgage Insurance, 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 of the Mortgage Insurance previously m 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 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 that the Loan is ultimately paid in 11111. and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, Lender Ckin no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requirtis) provided by an insurer selected by Lender again becomes avai)able, is obtahwd, and Lender requires separately designated payments toward the premiums for Mortgage Insuritnce. If Lender It (wired Mortgage Insurance as a condition of making tile Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the pretnituns required to maintain Nlortgago Insurance in effect, or to provitle a non .refundable loss reserve, 1111(11 Lender's requirement for Mortgage Insurance ends in •accordance with any written agreement between Borrower and Iender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects 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 losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage liisurance. 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 tel 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 !mike payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser al the Note, another insurer, any reinsutTr, any other entity, or any affiliate of any of the foregoing, nay receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mmtgage InsuramT, exchange for sharing or modifying the mortgage insurer's risk, or reducing losses, If sud agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a ,share of he 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 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 not 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 such cancellation or termination. 11, Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. 001122600396 wyomING Single faulty Fannie MaelFfecklia Mac UNIFORM INSTRUMENT P./FF1.1 MFRS VMP Wines Kbawat Financial SoNiens Citibank 3,2,14.07 V3 Phrrn 3051 1/01 VMP (0806),00 Noe 9 of 16 00129 if the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, it' the restoration or. repair is "economically feasible autd Lender's security is not lessened.. During such .repair and restoration period, Lender shall have the right to hold such Misrellancous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satis.taction, provided that such inspection :shall he undertaken promptly. Lender may pay for the te.I)a.irs and restoration in a single disbursement or in a series of progress payments as the work is completed, Unless an agreement is trade m writing or Applicable :Law requites interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower arty interest or earnings on suc:ii Miscellaneous Proceeds, If this restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the suers secured by this Security Instrument, whether or riot then due, with the excess, if an paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shrill be applied to the stems 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 N,v =hick 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 Properly immediately before the partial taking, destruction. or doss 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 firer market va kit of the Propertyicutpediately before the partial taking, de.su'uction, or loss in value is less than the a mount of the sums secured immediately before the partial taking, destruction, or loss in values, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall he applied to the sums by this Security Instrument whether or not the sums are then due. If' the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defines[ in the next sentence} offers to make an award to settle a claim for damages, Borrower fails to respond to L:rrtder within 30 days after the date the notice is given, Lender is authorized to co1K 1 and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom. Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding whether civil or criminal, is begun (hat, in Lenders judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and it acceleration has occurred, reinstate as provided in Section 19, by causing the action or procc.teling to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this. Security Instrument. The proceeds of any award or claim for damages that arc attributable to the impairment of Lender's interest iti the Property 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. 0011221190306 WYOMING •Single :Family Fanni lc UNIFORM INS'1RUME?JT WITH NIERS vtiiP qv Waiters ISrt,x,,r Flndnrrdi S1 i',cuS Initiaf5 Clta ik. 3.2 5.07 V3 form 305'3 1101 VMPSA(WY) (0805) 00 Page! 10 ot 001.30 12. Borrower Not Released; Forbearance By Lender Not a Waiver, Extension of the me for payment or rnodtfication of arnortiziilicrn of the suns secured by this Security lnstrunient granted by t.,ender. to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor` in Interest of Borrower or to refuse to extend time for payment or otherwise modify amen tizatio'n of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or hi amounts less than the amount then clue, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. however, any Borrower who co -signs this Security Instrument but sloes 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 wider 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 sna ke any accommodations with regard to the terms of this. Security Instrument or the Note without the co sig1ier'fi consent. 5uhicct to the provisions of Section 18, any Successor in interest of Borrower who assumes Borro 'er's obligations carder this Security Instrument in writing, and is approved by Lender shall obtain all of Borrower's rights and benefits under this Security instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release an writing. The covenants and agreements of' this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges: Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument. including, but not limited to attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific tee to Borrower shall not be construed as a prohibition on the charging of such Eer.. Lender tnay not charge fees That are expresslyprohihiied by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets inaximurn 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 permuted 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 stuns already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to makes this refund by reducing the principal owed under the Dote or by snaking :a. direct payment to Borrower, If a refund reduces principal, the reduction Will be treated as a partial prepayment without any prepayment charge (whether or not a Iirepaymeni charge is provided for under the Note). Borrower's acceptance of .any such refund made by tltrect 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 roust be in writing, Any notice to Borrower in connection with this Security instrument shall be deemed to have been given to Borrower when mailed b 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 rrrless Applicable Law expressly requires otherwise. 'I'lte notice address shall be the Property Address 00112239039$ WYOMING Single Faintly ie Mae UJRt tr'x?p& VMP5 Wolters KlNwar Frnlinflal SeteieBS fltS Citibank 7 2..'r5 07 V7 rr era 70S1. 1/01 YMI'6A(WY) (080 ).00 Page 11 tlf 16 00131 Borrower has design atecl a substitute notice address by notice to Lender, Borrower shall promptly not Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change -of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time, Any notice to Lender shall be given by: delivering it or by mailing it by first class trail to Lender's address stated herein unless Tender has designated another tic1dress by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given tco Launder crrriil actually receivod by bender. If any notice required by this Security instrument is also required under Applicable Lath', the Applicable Law reguiretnent will satisfy the corresponding requirement under this Security Instrument:. 16, Governing Law; Severability Rules of Construction, This Security Instrument shall be governed by federal law and the law tif.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 I.aty might explicitly or implicitly allow the parties to agree by contract or it night be silent, but such silence shall not be construed as a prohibition agains't agreement by contract. In the event that arty provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this ,Security Instrument; (a) words of the masculine gender shall mean and include correslrondinp neuter words or wards of the feminine gender; (h) words m the singular shall mean and include the plural and vice versa; and (c) the went "n gives sole discretion without any obligation to rice any action. IT. Borrower's Copy, Borrower shall be given one copy of the Note and of this Security Instrument, 18, Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial iinterests.lransferred in a bond for deed, contract for decd, installment sales contract or escrow agreemnent, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property` or any Interest in the Property is sold or transferred (or if Borrower is not :a natural person and. a beneficial interest in Borrower is Add or transferred) without Lender''s prior written consent, Lender may require immediate payinent in full of all sums secured by this •Security Instrument, However, this option shall not he exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 iwitirin which Borrower must pay all sums secured by this Security Instrument. If Barrowwr fails to pay these Sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, 19, Borrower's Right to Reinstate After Acceleration, If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Secu Instrument discontinued at any time prior 10 the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment 'enforcing this Security Instrument, 'I'l hose conditions are that Borrower: (a) pays Lender all sums which then would he 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 0O1122090395 WYOMING Siioclle ram iy Fannie Maoliireddia Mac UNWOPirfi INSTRUMENT' IT VMP �y Waltory Kluever financial SnNirr., loitiatM Ciliunol 3.2 55,07 v3 Form 3051 1101 VMI 6A(WY) (06063.00 Faye. 12 of l a 00132 to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose zaf 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 Insirurnent<, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged, Lender may require that Borrower pay such reinstatement semis and expenses in crne or more of the fallowing forms, as selected by Lender; (a) cash; (b) [Honey 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 Vuruis 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, Sate of Note; Change of Loan Servicer; Notice• of Grievance. The Note or a partial interest in the Note (together with this .Security Instrument) can be sold one or more times without prior notice to Borrower. A sale (night result in a change in the entity (known as the "Loan Service r") 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 he one or more changes nl' the Loan Servicer unrelated to tt sale of the Note. 11° there is a change of IIie Loan Servicer, Borrower will be given written notice of the change which will state the name and address of (lice new Loan Servicer, lh.e address to which payments should be Made and any other information RE SPA requires in connection with a notice of transfer of servicing. if the Note is sold and thereafter the, Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan'Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower not Lender may commence, join, or be joined to any judicial action (as either an. individual litigant or the Member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the regUirernents of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action, If Applicable Law provides' a time period which roust elapse before certain action can be taken, that time period will he deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower: pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective n provisions of this Section 20. 21. Hazardous Substances, As used in this Section 2I: (a) "Hazardous Substances are those substances defined as toxic or hazardous substances,, pollutants., or wastes by nvironmental Law and the following substances, gasoline, kerosene, other flatnntable or toxic petroleum products, toxic pesticid and herbicides; volatile solvents, materials containing asbestos or fornialdehyde, and radioactive materials; (b) "Environmental L7'ty" means federal laws and laws of the jurisdiction where the Property is located drat relate to health, safety or environmental protection; (c) "Envirtrmrrental Cleanup" inciudes any response ion, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Within" means a condition that can cause, contribute to, or otherwise trigger an Environmental Borrower shall not cause or perm it the laresence, use, disposal, s torage, or release of any lfarardous Substances, or threaten to release any.1Iazarctaus Substances. on or in :0011221390r106 6 WYOMRC -Sin o F3 rrIV I'aane VMP !9 WWt"rs r(IubY4' FInt,,,,a,o S0r, 0W d0i6. Mac Ur IFORM WITH MEItS he Property. lorrower shall not do, IPgllitty.;, e,rtir,;,nh 322 aPk,d0 V3 Our 1051 1/01 VMI'1 P WY) r0r306.r. U[J ef.,tjtt 13 or 16 00133 nor allow anyone else to do, anything affecting the violation o[ any Environmental Law, (b) which create.s an Environrnnntal ComUViou, or (c) which, doe to h presncc. use, cr release ofm Hazardous Substance, creates condition that adversely affects the value of N two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). BorrOwer shall promptly give Lender written notice of (a) any investigation, claim, demand, laWsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actimi knowledge, (b) any Environmental Condition, including but:not limited to, any spilling, leaking, diScharge, release or threat of release 01' any Hazardoos Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of .the Property. Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup, NON .UNIFORM COVENANTS, Borrower and 1,ender 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 (hut not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify:. (a) the default; (b) theaction required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by thiS Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court to assert thenon of a default or any other defense of Borrower to acceleration and sale. if the default is not cured on or before the date specified in the notice, Lender. at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable 4aw; Lender shall be entitled to eollect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys! fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Ptoperty, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its deSignee may purchase the Property at any sale, The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneye fees; (b) to all.sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it, 23. Release. Upon payment AYall srnns secured by this Security Instrument, Lender shall release this Security Instrument. Borrower Shall pay any recordation costs. Lender may charge Borrower a foe for releasing this Security lxx,Comon[, hut y the fee is paid to a third party for services rendered and the charging of he fee is permitted urtder Applicable Law. 24. Waivers, Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming, 0011228903E15 Woltem Kluwer Financlol Services a ooM INSTRUMENT WITH McRS Citibank 3,236-.07 V3 Form 3051 1/01 VMP6A(WY) (050600 Page 14 of 15 K� ICY SIGNING BELOW, Berra t ee• accepts and a rees to the terms and cove ants c.°wined in tf )is or and recorded with it. Security Instillment and in any Rider:executed by Bor 001122690396 WYOMING Single family F:znn +e Mao /Ere lie Mac UM VMP to Wolters Kluwer Financial SCrviCCa S Citibank 3.2,55.07 V3 Faun 3051 1/01 VMh0A(WY) (0806).00 Page 1S of 10 00135 STATE OF This instrument was acknowied ed before 1 e ow— by �b Yl 40 .br��, My Comm ssion Expires: CI Co WP W.00 WYOMING Single barely Fannie f4l aer'Predale Mac twFORM IN'STRUM €3' VMh I Wolters Mum, Financial Services JESUSITA A GALLEGOS NOTARY PUBLIC STATE OF COLORADO My ammIsslo L i Notary Public 'Vide (alit Rank) S Expires 9/15/2014 Inftlpl bounty ss: Citibank 3,2.65,07 V3 Farm 3051 1/01 VMP$A(WY) (0606),00 Patio 16 ar 143 11nn 00136 Exhibit "A" LOT 32 OF THE BROKEN WHEEL RANCH SUBDIVISION, SAID SUBDIVISION BEING THE SW1/4NE1/4 OF SECTION 15, TOWNSHIP 36 NORTH, RANGE 119 WEST OF THE 6TH P.M.,WYOMING, IN ACCORDANCE WITH THE OFFICIAL PLAT OF SAID SUBDIVISION FILED FEBRUARY 2, 1972 AS DOCUMENT NUMBER 436180 IN THE OFFICE OF THE COUNTY CLERK AND EX OFFICIO RECORDER OF THE DEEDS, LINCOLN COUNTY, WYOMING 00137 FIXED/ADJUSTABLE RATE RIDER (LIBOR One-Year Index (As Published In The 414711 Street Jcntrna)- Rate Caps) THIS FIXED/ADJUSTABLE RATE RIDER is made this 29th day of February, 2012 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 ("Borrower") to secure Borrower's Fixed/Adjustable Rate Note (the Note") to Citibank, N.A. ("Lender") of the same date and covering the property described in the Security Instrument and located at: 265 Hawthorn Drive, Alpine, WY 83128 THE NOTE PROVIDES FOR A CHANGE IN BORROWER S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE. LIMITS THE AMOUNT BORROWERS ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY, ADDITIONAL COVENANTS, In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed intorest rate of 2,875 The Note 0150 provides for a change in the initial fixed rate to an adjustable interest rate, as follows; 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of March o 2017 and the adjustable interest rate 1 will pay may change on that day every 1 2th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." 001 122 8 9 0 3 96 Citibank 3.2.55.07 V3 MULTISTATE FIXED/ADJUSTABLE RATE RIDER WSJ One LIBOR Single Family Fannie Mae Uniform Instrument Form 3187 6/01 Wolters :Kluwer Financial Services VMP °1 -16 8R (0807): :Page 1 of 4 Initials: [Property Address] 001 1 11 1 1 1 11 11 (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the. average of interbank offered rates for one-year U.S. dollar denominated deposits in the London market LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer ivailable, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note 1-ioicler will calculate my new interest rate by adding Two 25/100 percentage points 2.250 'X)) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to thw limits stated in Section 4(D) below, this rounded amount will my new interest rate until the next Change Date, The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payMents. The result. of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I •am required to pay at the first Change Date will not be greater than 7.875 or less than 1250 Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points from the rate of interest I have been paying for the preceding 12 months, My interest rate will never be greater than 7, 875 (E) Effective Date of Changes My new interest rate will become effective. on each Change Date. I will pay the amount of my new monthly payrnent beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The. Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any Changes in my adjustable interest rate before the effective date of any change, The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title. and telephone number of a person who will answer any question I may have regarding the notice, B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrower's initial fixed interest rate Changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 1 8, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a 001122890396 Citibank 3.2.55.07 V3 MULTISTATE FIXED/ADJUSTABLE RATE RIDER WSJ One-Year LIBOR Single Family Fannie Mae Uniform Instrument VMP °-1 68R (0807) Page 2 of 4 InitiaIs:j Form 3187 6/01 00139 bond for deed; contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser, If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days From the date the notice is given in accordance with Section 15 within which. Borrower must pay all sums secured by. this Security Instrument_ If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2, When Borrower's initial fixed interest rate changes -to -an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument described in Section B1 above shall then cease to be in effect, and the provisions of Uniforn Covenant 18 of the Security Instrument shall be amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement; the intent of which is the transfer of title by Borrower at a future date to a purchaser, If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender, To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days l om 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 perioc, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 001122890396 Citibank 3.2.55.07 V3 MULTISTATE FIXED /ADJUSTABLE RATE RIDER WSJ One -Year LIBOR Single Family Fannie Mae Uniform Instrument VMP -188R (0807) Page 3 of 4 Initials: Form 3187 6/01 00140 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fixed/Adjustable Rate Rider. ../A. tasati Halubrin fp I Z.- (Seal) -Borrower (Sign Original Only) 001122890396 Citibank 3.2.55.07 V3 MULTISTATE FIXED/ADJUSTABLE RATE RIDER WSJ One-Year LIBOR Single Family Fannie Mae Uniform Instrument Form 3187 6/Q1 VMP (0807) Page 4 of 4 00141 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this Twenty day of February, 2012 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Secunty Deed (the "Security Instrument') of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to Citibank, N.A. (the "Lender) of the same date and covering the Property described in the Security Instrument and located at: 265 Hawthorn Drive, Alpine, WY 83128 [Property Address] The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in Codes, Covenants and Restrictions (the "Declaration"), The Property is a part of a planned unitdev&opnient known as Alpine [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, PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follovvs: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PULYs 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. 001122890396 Citibank 3.2.55.07 V3 MULTISTATE PUD RIDER Single Family Fannie Mae/Freddie Mac UNIFORM! INSTRUMENT Form 3150 1/01 Wolters Kluwer Financial Services Page 1 of 3 Initials: VMP"-7R (0811) 11 1 1 1 11 1 11 11 11 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 term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods for which Lender requires insurance, then; (i) 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 terrrt of the 3 Borrower shall give Lender prompt notice of any lap;se ira rc Burred property insur< coverage provided by the master or blanket policy. in the: event of a distribution of property insurance proceeds in lieu 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 insure 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 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 terrrrination 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- rpanagemont 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. F, Remedies. if Borrower :does not pay PUD dues and assessments when due, then Lender may pay there, Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. 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. 001122890396 Citibank 3.2.55.07 V3 MULTISTATE PUD RIDER Single Family Fannie Mae /Freddie Ma (FORM INSTRUMENT VMP a -7R (0£311) Page 2 of 3 Initials: Form 3150 1/01 loan 0'01.43 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this PUD Rider. 12 (Seal) liorrower 001122890396 Citibank 3.2.55.07 V3 MULTISTATE PUD RIDER Single Fdmty Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP (0811) Page 3 of 3 Form 3150 1/01