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HomeMy WebLinkAbout969422WHEN RECORDED, MAIL TO: AMERICA FIRST FEDERAL CREDIT UNION PO BOX 9639 OGDEN, UTAH 84409 This instrument was prepared by: AMERICAFIRST.FEDERAL CREDIT UNION PO'BOX, 9639 OLDEN, UTAII81409 801- 827 -8413 [Space Above This Line For Recording Data) MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated February 7, 2013, together with all Riders to this document. (B) "Borrower" is Rebecca Fridal, an unmarried woman, as her sole and separate property. Borrower is the mortgagor under this Security Instrument: (C) "Lender" is AMERICA FIRST FEDERAL CREDIT UNION, organized and existing under the laws of STATE OF UTAH. Lender's address Is PO BOX 9639 OGDEN, UTAH 84409: Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated February HUNDRED TWENTY-SEVEN THOUSAND ONE HUNDRED AND NO /100`D 13. The Note states that 0 00) plus i Borrower owes Lender rro Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1, 2043. (E) "Property means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note;: and allisums' due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders ate to ie executed by Borrower [check box as applicable]: R Adjustable Rate Rider Condominium Rider LI Second Home Rider Balloon'Rider Planned Unit Development Rider VA Rider 1 -4 Family Rider Biweekly Payment Rider 0 Other (Specify) (H) "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. (1) "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. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which' isinitiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct; or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to point -of -sale transfers; automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellan eous 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, ordestru "etion'of, the Property; (ii) condemnation or WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Page 1 of 9 WYOMI TITLE 8 ESCROW A MOTHER LODE COMPANY RECEIVED 2/11/2013 at 2:36 PM RECEIVING 969422 BOOK: 804 PAGE: 330 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY IDS, Inc. Borrower(s) Initials F• 1 051 1/01 0 0 3 3 1 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. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "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. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. 2601 et seq.) and its implementing regulation; Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject rn'atter. As used in this Security Instrument, "RESPA" refers to all requirements and restriction8 that are impb'Sed in regard tO a "federally related Mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations Under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borro does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property located in the County of LINCOLN: LOT 77 OF STAR VALLEY RANCH PLAT 18, FILED ON MAY 3, 1979 AT DOCUMENT NUMBER 523540; MAP NUMBER 236, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. Parcel ID Number: 3418-053-02-020 which currently has the address of: 1079 Hardman Rd Star Valley Ranch, WYOMING 83127 ("Property TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, p et t e§; nXturea or hereafter a part of theproperty. All replacements and additions shall also be 'coveted by this Seentity. referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and haathe right taIrtortgage‘:-grant) and convey the Property and that the Property is unencumbered, except for etitniribraticeS'jof tecord:. Wartarit8artd'Will'defetid generally the title to the ,Property against alt claims arid demnds, subject any encumbrances ofrecord. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform doVsenanta with limitd variations by jurisdiction to cOnStittite a UnifortaSeettrity intrun covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payintitt:Of PriiitiPal,.1riteregt, Escrow Items; Prepayment Charges, and "Late Charges Borrower shall pay When'-dtiethe principal of, and interest on, the debt evidenced by the Note and any prepayment charges and thargeS the.'Ndte,..13orreiWer shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note And this Security' InStith:tent' shall beinada ih U.S. currency. However, if any check or other instrument received by Lender as payment under .1riStitinierit is returned to Lender titipaid, Lender May require that any or all subsequent payments due under the NOteand'thiSSeettritYltiStittinent be made in one cir more Of the following fortna, as selected by Lender: (a) cash; (b) money Order; (e)eertitied :cheek,fteastrer'S check or cashier's check, provided any such check is drawn upon an institution Whose depoSitS are insured by a fetteral instrumentality, or entity; or (d) Eledtronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such ther locatidn'as:triay be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partiatpAyinerit:ifthe payment or partial payments are insufficient to bring the' Loan current. Lender may accept any pay inent or partiarpayintritinffiCient to bring the Lean' current; Without waiver Of any tights hereunder or prejudice to itatightatareftisesiteh.'payrnentOr'PartiallitYriterit8:iathe future but Leridef,i§liotebligatedtPapply such payments at the time such pa are aedePted;.,If each Periddie'Payriiefitisapplieda§ its scheduled due:date:died Lender need nolvay intereSt on tinappl fed funds. Lender th' hdl .StrefrinfaP51iedlariglintit11PriltWertnaka''' payinetit bring the Loan ehrtent. If Borrower does not d� SO -within a reasonable perfod'Oftifife,tertder§hal I eitlTh ly stfdr�r tettitiitheffroBorrOWer: If ridt'applied earlier, such funds will he applied to theetitstandingptiridiparbalaritentfdet the:Natejnithediatery:, prior t� 'ffiteelbStite.1■IbciffSet or claim which Borrower Might have now or in thefutateagainStlenderSh'alPreliereBbtroWer,:frbrtilitaking,:... payments dad Untlet the Note and this Security Instrument or performing the 'coVetiantSatid'agteeiYiehtSSeeihed bythiS'Secdrity, 2. ApplcatiOri;o1Payinents or Proceeds Except as otherwise described in this Section 2, all payments accePtetIandappliedby Lender Shall be applied in the following Order of priority: (a) interest due Under the Note; (b)' nci pAl 'dite'under theNdte;i(C)aritourits.drie under Section 3. Such payments shall be applied to each Periodic Paymentlri order in which it.beeatne Ary remainirtg amounts WYOMING Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 2 of 9 IDS, Inc Borrower(s) Initias 51 1/01 L. 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. IfLefideriteeives 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 Molt than one-Petiddid•Payinentit 'outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic payments if, andtothe eadlifidyMent can be paid in fU11. To the extent that.any excess exists after the payment is applied to' the :full payMent.dfOnt:ttiidteletiediePaYnittitt;. such excess may be applied to any late charges due. Voluntary 'prepayments shall be applied first to any prepaytherifehatget'and thenat described in theNete. Any application. of payments, insurance proceeds, or Miscellaneous Proceeds to principal due 'under the Note' shall nbt ektend or poStISOne the'dne 'date; Or change the arriOtint,'Of the Periodic Payments. 3•Flinds fof Escrow Items. Borrower shall pay to Lender on the day Periodic Payineritt are doe under the Nbte, iltitiljtheNtite is paid in full, a tiiiii(the'"FUndt")toptovidefot paYMent.Of amounts due for: (a) taxes and asSettftient§ and other items Whidli'datiattaliffifiority over thig.SedutitylItistrunient as a' lien or encumbrance bnlhe Property; (b) leasehold payeriefitt dit'gtdolieireritt:dfi (c) premiums for any and all inturancereqiiited by Lendet, tinder Seetian 5 and (d)moitgase Intlitande,fiteinitinit; if 'atly AnYtunis payable by BOtrdWertb Lender in lieu of the' payment of Mdttgage Insurance premiums in adcbtdatide with the phyvi§ioit.of sedtiori 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may i'-'eqUitelhatColifttitinity Association DUet,'Fees, and Assessments, if any be escrowed by Borrower, and such dues, fees and rattettnientt shall'heatiEtetOW nett. Borrower shall promptly ..furnish to Lender all notices of amounts to be paid Under this' Section. Borrower shall pay Lender' the 'Fiiiid§me Escrow Items unless Lender waives Borrower's Obi igatiOn to pay the Funds for any or all Escrow Itenit; obl igation to pay to Lender Funds for any or al I Escrow Items at any time. Any such waiver may thevent'ofsuch waiver, Borrower Shall pay directly, when and where payable, the amounts due for any Escrow Items fotV4iielipayintritdfFinidt'hat' waived by Lender and, if Lendertequiret,:shall furnish to Lender receipts eVideriting.ttich paytherit Withiti:SUChliiiiepetiddaStenderfnay.1 tequite.-BOtrOwet's obligation to make stich payments and to provide receipts shall for all purposes be deiid th be a' agreement dOntained in this Security Instrument, as the phrase "covenant and'agreernent" is used in.'Seetion9. IfadetnWetitbligated to pay Escrow Items ditedtly, pursuant tb a waiver, and Borrower fails to pay the amount die for Ar(Eferow Iterti,'Letidetlifayekerdite its rights under Section 9 and pay such amount and :Borrower shall then be obligated tidet:Sedtion 9Abteday'tblenderanY Lender may revoke the waiver as to any or all EScreiw Items at any time by a notice giVeti deedidariee.with Seed& 15 and iipen'§uth revocatidn, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this 'Section 3. Lender may, at any tithe, collect and hold Funds in an amount (a) tuffieient to permit Lender to apply the Funds at time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lenderthall ettiMateltheatildiAt of Funds due on the bat is of current data and reasonable eStithates expenditures of future Escrow Items or OthetWitein'atebtdanee'WithApplidable Law. The Funds shall be held in an institution whose deposits are insured by a federal agenty, instrumentality, or entity (inditidingLendet, if Lender is an institution whose depo§its'are o insured) or in any Federal Home Loan Bank.' Lender shalt aPplytheFiardt tnpaytheEktow Items no later than the tinit'specified Under RESPA. Lender shall not CliargeatiffoiVei atifinally analy2ing the escrow account, or verifying the Escrow 'Heins, unless Lender PaYt'BOttoWef.intetest:oi Th Funds and 6 ;;..1:431itable Law permits Lender to Make such a charge. Unless an agreement is made in wilting &Applieable LaVireqiiiteKintetett to bepaid'OiftheFiridt, Lender shall not be required to pay Borrower any interest or earnings on the Funds. BOrrdWer afidLetdet'dati agree that interest shall be paid"onlhe Funds. Lender shall give to Borrower, Withotit charge, an annual atatitiefting 'Of the'FliiidtIS reqinted by RESPA. a If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall aceountto"BdttOWer'for the excess Arndt in accordance with RESPA. If there is a shottage Funds held in escrow, as defined u fnder RESPA, Le d rsh 11 otif Borrower as-requtred by RESPA:and BOritiVer Shall pay to Lender the amount necessary to make Op the shortage in adcottlande in fid' more thari' 12 Monthly 'payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lehdth shllrittify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in adcordance With' RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges;,Liers. Borrower shall pay all taxes, assessments, charges, fines, and impositions' attributable to the Ptopetty:Whidh can attain priority over this Security Instrument, leasehold payments or ground rents on the Peepetty, if ariy,'and COniniiinityAttociationDues, Fes, and As§e§Sinents, if any. To the extent that these items are Escrow Items, BOtrOWee, shall pay 'Mein in the iriaiiher';OttiVidedjn Section 3. Borrower shall promptly discharge any lien which has priority over this Security Ilittrunidnt unless Borrower: (a) agrees ageesiii writing to the payment of the Obligation secured by thelieri in a 'manner acceptable tb' Lender,' b'u onty so long 'AS Borrower is lierfddiiiri'g:ttich agreement; (b)'cOntettS the lien in "good faith by; or defends against enforcement of the lien in; legal ipi which ifileffdet's'opinion operate to prevent the eriforcrnent of the lien While those proceedings ate pending; btif Only Until 'tilehptbeedingt Ate"dOrieluded;Or (c) secures from the holder of the lien an agreement satisfactOry to Lender 'subordinating the lien td.this'Secutity Intniatnerit:' If Lender WYOMING Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 3 of 9 IDS, Inc Borrovver(S) IriitiaS #r._.3 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 8atisfy 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. 0 0 3 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property inStited against haSs by fire, hazards included Within the term "eXtended coverage," and any other hazards including, bat' notlimited to;'earthtfnaire'Sand'fleOdS; for which LefidetreqUires inSurante. This insurance shall be maintained in the amounts and feirthelittiddS that Lender.teqUites:What Lender reqUireaptirattatit tO the precedi sentences eati-dhange chit ing'tht term df the The iiStiratiedCartier providing the insurahce shall be chosen by Borrower subject to Lenders right to diS,ApPitiVe:BorreiWer'8 choice, Whiehriglit exercised tiiireasbliably. Lender may require BOttoWer to pay, in connection with this Loan; either: (d) A'etiegirrieehargeforTfobtl:Z'Ciit detettnitiatioti, dertifitatiob arid tracking SerVices; or (b) a one-time charge for flood zone Oeteritiinatieriand SUbSeCitietit eharge tithe'reinap or Similar changes occur Whichiitakillably Might, affeef:Sbeli'detertriiiiatioifbf dertifidatieri. Borrower Shall'AlSo'beresponsible Tor the pay Of any fees imposed by the Federal Emergency iF eofilieetibri the review of any flood zone'detettniriation restiltingleorn an 'objection by BerroWer. If Borrower failto maintain any Of the coverages described abiaVe, may Obtain itiStitarieCcoVetage; at Lender and Borrower's dkrien'se: Lender is under nceb I igation to purchase any partietilar type �r arab Of adVerage.' Thereferei'stielit cover Lender, butraight or might not protect Borrower, Borrower's equity or the ContentabftlitTriiperty; agaiiistarytisk;' hazard or liability and Might provide greater or leaser'cIiVerage than was previously in 'OekhaVledgeathat thetoStOTthe insurance coverage §O' obtained might signifieantly exceed the cost of insurandethatBeirieWer'doiild haVedbtairied by Lender Under this Seetien 5 shall becdthe additional debt Of Borrower sectired by this Security InSthnent. arholTritS''Slillr8tar interest at the Note rate from the 'date of diSbursement and Shall be payable;. with such infeteSt, uponlintice"ftbiti'Lendertb::BbrroWer requesting payment. All insurance.pOlicies required by Lender and renewals of such policies shall be subject to Lender Srightto disapprove StiehpOlicies,: shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as right to held the policies and renewal Certificates. If Lender requires, BOrroWer shall promptly tb" Lender all reedil5tabOaid'fireriiiiiiiia: and renewal notices. If BOrroWer'ObtainS any form of insurance coverage, not otherWiSe reqUire darriaietti, Or destruction f the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as :an'additionar JOSS payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Leader.thaY make probfifflesaif not nidOe promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether Or n�t theunderly insurance was required by Lender, shall be applied to restoration or repair of the 'Property, if the restoration or ttpair'iS'eadritiniicaily feasible and Lender's Security is not leSsened.-DUring such repair and restoratiOnpetiod; Lendet shall haethe right hOldStiehinatirante proceeds until Lender has had an opportunity to inspect such Property to enadre has been COMpleted to LeilderS'aatiSfattiein, provided that such inspection Shall be undertaken proMptly. Lender may disbUrst 'PrOdeedS for the" repair§ and 'S itigl payment or in a series of pitigtess paynieritS:aS the work isitompleted. Unless an agreement is made in Writing:Or Applicable interest to be paid ifisaratiteproededS, Lender Shall not be required to pay BeirroWefatiyintereStbl'earnings on'Sublii: for publie:adjUSterS,:Or 'other third' parties, retained b Borrower shall not be paid out :Of theinStirati ee'plbteedS.'' obligatioa.df BOrrOWer. If the reStbratieri repair is not economically -feaSible dr Lenders''.adetitity,. prtitedd§ shall beippl Jed to the sums secured Whether then dde, With'thet keeS's; Such instil proceeds shall be applied in theorder for in S 2, If Borrower abatidoris'the Property, Leridet le, negotiate and Settl e'any available i ns.irance i nsurance claim related respond#ithin'30dayate A notice from Lender that theinatiratieCcarrier has Offered tO'Settlea'elairi 'Letitia ifianegstiti Ate and settle the'elailti. The 30-day period will begin When the notice is given. ifiLefitterad'eltiirea'the*Prbperty:ttrider:;" Section 22 or dtherWiSt; E1OrrOWer hereby assigns te'Lender(a) BorroWer's rights ttiabYlaStifOrIteprobeedaittan'arnotrittieTtdekeeedilie amount the Note or this Seetitity'InSiturrierit, and (b) any other of BbfroWerariglita'(Otheilhan"theri gfittei*hy reftirdOf unearned premiums paid by Beirreiwer) under all inaaraabe policies covering the Pro44, insofar coverage of the:Pro Leader May use the insurance prOdetd8 either to repair OrreStOrethePrOffertY Orldody anfithripaidlitiaerlhe' Note dr this Security then due. 6. OtOdpMity.:BOtitMer Shall occupy, establish, and use the Property as BorreiVers..prinbipat Withirifiq'daSYS after the execution of thisSeciirity 1tiStftItnefit and shall continue to occupy the ProptAY aaBbfrOVVer'alitifidipal leaStViit year"after the date-of odejiliiaricy; Unleas'Leildefotherwise agretS in Writing, WhiCh ridtbt circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections Borrower shall not de'stroy;:tiarrlagear impair -the Property; allow the'Propertyte or commit waste on the Property. Whether or not Borrower fareSidifig in the P.roperty shall .thaintaiii the Prdperty in Order to 'prevent the Property from deteriorating e deeitaSirig in determined pursuant to Section '5 that repair or restoration is not economically feasible, BerrOVVer Shall tifortifitlY refiair7thePreprty, if WYOMING Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT For 51 1/01: Page 4 of 9 ios. Inc Borrower(s) Initiats IDS, Inc. 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, Borower shall be responsible for repairing or restoring theProperty only if Lender has released proceeds for" such sucomplet d. Lender f theinsurance or e nt May urcond g e B w a on p oceeds are not suffic ent to repair orr store the Property; orroer e snt rel eyed of Borower'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 orpriorto such an leerier inspection specifying such reasonable cause: 8. Borrower' Loan Application. Borrower shall be in default if, during the Leah application process,`Borowet or any persons or entities acting atthe di'r'ection of- Borow'er or with Bor'ro "wer's knowledge or c'on'sent gave materially false, misleadng; or rnaccu'Yate. information or statements to Lender (or failed to provide Lender with tilatetial information) in connection with .the Loan Material representations include, but are not lifnited representations concerning Borrower's occupancy of the'Property as B'orrower`'s principal residence. 9. Protectionof L'ender's Interest in the Pro 'er Rights a nd Rights Under this Security I'nstrument. orro If Bwer fails to:perform'the P covenants and agre'e'ments contained in this Security In`strurnent, (b) there is a legal proceeding that might signif►cantly'affect Lender's interest in the Property'and /orr'ights under this Security Instrument (such as a proceeding in bankruptcy, probate,' for cdnt1rnnition or forfeiture, for e nforcement of a lien which may attain priority over this Security Instrument or to •enforce laws or regulations), or (c) Borrower has abandoned the'Propert', then Lender may do and pay for whatever is reasonable or appropriate to protect Len der's me "rest in the Propery 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 alien': which` hasp "riority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect it`s interest inthe Propertyand /or rights under this Seeurity Instrument, including its secured position in a bankr'upt'cy proceeding Securing` the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up 'doors and wndows drainwater from p►peselim►nate building or other code violations or dangerous'conditions, and have utilities turned on dr Off.' Al th6tfgli Lender may take action underthis Section 9, Lender does'not have to'do and is not under any duty or obligation to'do so. It is agreed'tli'at Lender incurs'i o'liability for not taking any or all actions authorized underthis Section 9: Any arnountsrdisbursed by Lender tinder this Section 9 shall become additional debt of Borower by this "Security Instrument, These amounts shall .bear interest at` the Note rate from the date of disbursemen`fand'shall bepayable; with'such interest, upon noticefrdm 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'acquir"es fee'tifl'e to the Property, the leasehold and the fee title shall not merge unless Lender agrees to` the mergerin`writing. 10. •Mortgage Insurance. If required Mortgage Insurance as a condition of making the Loan, Borrower shallpay the`premiums required to Maintain the MOi tga'ge'Insurance in effect, If, for any reason, the Mortgage Insurance coverage required byLenderceases to be available from the :mortgage insurer that previously provided such insurance and Borrower was required to make separatelydes►gnat'ed` payments 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'Borro"wer bf the'. Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance when g i l pay p� y g p is e.,. covei'a e.is not available,�Borowe'r shallcontinuet a to the amount of the se aratel des► Hated a m8nts that were due w the insurance coverageceased to be ineffect. Lender will accept, use and.retain these payments as anon= refundableao`ts reserve in lieu of Mortgage Insurance, Such` loss reserve shall be non refundable; notwithstandingthefact that the Loan is ultimately paid ii felt, and Lender shall not be requited tei 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 and for the period that Lender requires) provided by 'an insurer selected by Lender again becomes available, 'is obtained, and Lender requires separately designated •payments toward the p`r'emiums for' Mortgage Insurance. If Lender'required`Mortgage Insurance as a condition of making'the Loan •and Borrower was equ►red to make separately designated payment's g I i i required ri g. g ..:agreement effect or to toward p g oy de a non efund ble oss reserve unt 1 Lender's re r cement f mortgage' Insu an a ends acco dance w► h an a r ften p qu p y p gg y between Borrower and Lender providing for suchterrnination'or until termination is requiretdby Applicable Law. Nothinginthis' Sectio "n 10 affects B'orrower's 'obi igation 'to pay interest at the`rate provided in the Note. Mortgage Insar "ance'r"eimburses Lender (or any enfi y that purchases theNote) for certain lo itmay incur if Borrower does'not repay the Loan as agreed Borrower is not a party to the Mortgage Insurance. l., and g. Mort` a e insurers evaluate °their total risk On all such insurance in force from time •to time, and may enter into a "reeme nts with other partie tha shareor modify their' risk or reduce losses. These agreements a n terms and conditions that are satisfactory tribe mortgage re o insurer and the other party (or patties) to these agreements: These agreements require themortgage nsurer to make'payinents usng any source of funds'thatthe mortgage' insurer may have available (which may include'funds obtaned,from Mortgage Insurance premiurris). As a'resultof these agreements, Lender, anyp`urchaser of the Note, another insurer, any 'rensurer, any other entity, or any affihafe''of any of g y 'v''( y y) g e characterized as) a portion ofBOrro�n?er's' payments for Mortgage Insura in exchan o ge r sharing br Modifying m the ortgage ins u err's risk,,o "r reducinglosse's If such agr ""ee'rnent WYOMING -Si le Family Mae/Freddie r 30 1,x1101 ►ice® WY 9 Y Mac UNIFORM INSTRUMENT Page 5of9 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 arrangement is often termed "captive reinsurance." Further: (a) Any such `m m agreeents will not affect'the amounts that Borrower has agreed to pay for M ortgage Insurance, or any other terms of the'Loan. Stich "agreen `entS will not increase the arir'ount Borrower will 'owe for Mortgage Insurance; and, will not entitle`ROtiliwer to any refund. (b) Any such; agreemerits will not affect the rights Borrower has if any with respect to the Mortgage Insurance under the Homeowners Pr'otect►on Aet 61 1598 or any other Inw.These'rights may reetive'cer"tam di's" "closures; "to request and obtain oftli'e Mortg:igeInsurance. T� liave'tli.e'Mo'rtga a Irisur"ance terminated automat ically;'aiid %oY'to'receihe it refund of any miligageTns`u`rance p"remi "that "wer"euriearned'at the "'tiir►e of siicti' can "c "ellat o`n "or`tcr'mination3 F' 11. Assignm`e"nt of Miscellaneou's Proceed Forfeiture. All Miscellaneous Proceeds are here assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the,restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender "s" hal l 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 asin'gle disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interestor earnings on such Miscellaneous Proceeds. If therestoration or'repair is not economically feasible or Lender's security would be le`ssened,`the'Mis'cellaneous Proceeds shall be' applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,'paid to'Borrower•. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall he applied `to the sums secured by this Security Instrument, whether dr not `then due, with the excess, if any, paid to Borrower. In the event of a partial' taking; destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums'secur'ed by this Security'Instfument 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` the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately' before the partial taking, destruction, or Toss in value. Any balance shall be paid to Borrdwer. In the event a partial taking, destruction, or Toss in value of the Property .in which the v'alue`of the Pr"op"erty immediately before the partial taking, destruction; or loss in value is less than the amount of the sums secured iron ediatelybefore the'partial faking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds "shall be applie'd to` the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as'defined in the next sentence) offers to Make an award to settle a claim'for damages, Borrower fails in to respond to Lender with 30' days aftei the date "thendtice is given, Lender isauthorized to colleetand apply the' Miscellaneous Proceeds either'to rirstor`ation orrepair of the Pr'operty 'of t'o the'sums secured by this Security Instrument, whether or not then due. "Opposing Party" mean`s the third party`that ow`es'Borrower Miscellaneous Proceeds or the party against whom' Borrower has aright of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil dr criminal, is begun that, in Lender's �udgment, could result in forfeiture of the PrOperty dr other material ithpairmeht of Lender's interett in the rigtn. this Setutity Borrower c ncure uch a default and, f accele at o has occur ed, reinstate a's d in S b c d g trovided in S 19, by causing the "action or�pro "c g to be d i t totbrere sni issed With a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material inip`airment of Lender's intesti e Lender's P Y :ni stand th tru ecurityInsment. The proceeds of any award or claimfor damage's that are attributable to "the g perty 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 provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification;of amortization of the sums secured by =this Security Instrument granted by Lender to Bo'r'rower o'r any Successor in I"ntere"st ofBon`owershall not operate to release the, liability of Borrower or any Successors in Interest of Borrower. tender shall not be r""etjuired to coriimen`ce any S proc secured i s a by st a y Successor In strument by reason of any dr u made extend time for payment or otherwisemodifyamortiza'tion efthe roceedin s a ainst any Successor in Interest of Borrower or to refuse to exte Any by g any y by the original Borrower o`r uccessors in 'Interest of Y Y Y Borrower. An forbearance'b Lender in an right or remedy including, without limitation; Lender's acc'eptance`of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not 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` SecurityInstrutr'ment but'doe riot execute the Note a "co' si ner" is co -si nin this Securi Instrument only to mo'rt 'a e,.grant and eonve the co =si 'rier's inttet:e'stin th`e Pr "o `ert g )�,(a g S ty y g Y g P Y under the terms of this Security Instrument; (b) is not personally obligated to pay the s"u"ms secured by' this Security Instrument; and WYOMING- Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT For 3051 1/01 Page 6of9 IDS, Inc. Borrower(s) Initials, (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Y in 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 Lehder agrees to such`' release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit"the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees property inspection and valuation fees. In regard to any other fees, the absence of ex ress authorit in this Securit Instrum'ent to char 'e a s ecif c p g y p Y Y. g� P fee to Borrower "shall not be construed as a prohibition on the charging of such fee. Lender may hot charge fees that 'are expressly "prohibited' by this Security Instriimentor by Applicable Law. If subject o other loan charg es collected dr tobecdllect n d connecti n maximum ith the Loan ex charges, p ed the er"mitt Permitted limits; then: hen: r an any d s ch lean char shall be reduced by the amount necesssary `to reduce' the charge to the permitted limit; and (b) any 'surns already collected frdm Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction Will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refundmade by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been'given to Borrower when Mailed by first class'mail or Borrowers unless'A licable Law expressly requires otherwise. The notice address shall any one Borrower shall the Properly Addres s nn less Br r all s when actually delivered to Borrower' s 'notice address if sent by other means. Notice to an pp p y q be s unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address If Lender specifies a pro' edure for reporting Borrower's change of address, then Borrower shall' only report a charge of address'through that specified fe p ros b ur There may tie only one designated notice address under this Security Instrurnentat any one time. Any notice to Lender shall y delivering it or by mailing it by first class mail to Lender's address stated herein unless "Lender has designated another address by notice to Borrower. Any notice in connection with this Security ;Instru`m'ent shall not be deemedto' been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable'Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal lawand the law of the jurisdiction in which the Property is located All rights and obligations contained in this Security Instill are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly br implicitly allow th'e pa'rties to agree by contract it might be silent, but such'silence shall not be construed as a prohibition against agreement by contract. In the ''event "that any provision.or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) wordsofthe 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 weird "May" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property "'means any legal or beneficial interest' in the Property, including, but not limited to, those beneficial interests transferred in bond fog' deed contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Bor'rowe'r at a future 'date to apurchaser. If all art of the Property or any Inter�t in the Property is sold or transferred (or if Bory is not a natural p ers o n and ,a beneficial interest n Borrower is sold or transferred without Lender's prior written consent Lender may require immediate p a ment in full of all sums secured by this Security Instrument. However, this option shall not he exercised by Lender if such exe"'rcise'is prohibited by Applicable Law. days If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 3`0 Instrument. If Borrower fails to pay sums r expiration period, Lender which iod must pay all sums secured er this by th p y prior to the p' at o of this p may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any prior to the earliest of: (a) five days before sale of the Property pursuantito any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might' specify for the terminatien!of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions 'ar e that Borrower: (a) pays WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Page 7 of 9 IDS, Inc. Borrower(s) Initials FormmO>1 1/01 Lender all surris which then would be due under this Security Instrument and the Note as if no accelerationhad occurred; (b) cures.any to, reasonable atrial fees property inspection and valtiation 'fees, and other feeS ineuried for the piiitd ptdtecting Lefider,'S intereSt in the Property arid rightS underthiaSetutity InStrument;'erid (d) takes such action aS Lender MaY teaSdnably Peg to assilre Leridet'S interest in the Ptoperty and rights under this Secutity InStruthent, and BorroVver's obligation t� pay the stiMs seerired by 'this Seentity following forins, ,Seletted by Lender: (a) cash; (b) money otder; (c) certified Check, bank,alieck, freaSbrer'S ot,eaShier's Cheek, provided any Sueh che'dk is cleawin Upon an institution whoSe deposits are inSured by a fedetal agency, iriattrimeritalify.",dt etitity; (d) Electronic Rind§ Transfer. Upon reinstatement by Borrower, this Secutity Instriiment arid obligations Sectired heteby'Shalr'ternain fully effective as if my aceeleration had occurred. However; this right to reinstate shall mit apply in the case of addeletatitin SettiOn 18. 20. Sale of Nate; Change of Loan SerVicer; Notice of Grievance. The Note or a partial intetest in the Note (tirigethet With ihis Security Instruthent) can besold One or mote times without prior notice tci BorrOwer. Asalernight resalt in a change the'entity (knoWtras the "Loan Servicer") that collects Periodic due under the Note and this Secutity 'Instrtiment and petforni s`dther tnOttgage Wan servicing obligationS under the Mite this Seeurity Instrunnent, and Applicable LaW. There alsO might be dtie dit more Changes the' Loan Servicer %initiated to a sale cif the Ncite. If there is a change of the Loan Servicer, BotroWer will be given Wfitten notice 'Of the Chatige requires in ebrinection With a notice of trariSfer of servicing. If the Note is sold and Loan iS' by a Loan SerVidet (Ali& than the purchastr Of the Mite, the mdrtgagelcianSetvicifig abligatiOns to BorroWei Will rertiain With theLoan Servicet OfbettanSfetred tO a Successor Logi SerViCer and are Hot aSSurried by the Note purchaser unless dthetwise prtivided by the Neither adtroWer Mar Lender May ceirritrienee, jOin, Or be joined to anyjtidicial action (aS eithef an' individUal litigant nt theinernber of a clasS) that ariSeSfroril the Other party's aCtidris putsuarit to this SecUrity InStrtrinent ot that alleges that the other'party any provision of, dr any dbty oWed by'reaSOfi of, this SeCurity Instilment, until Stith Botro or Lender has nOtified the othet Stith notice given in compliance With the tequirements of Section 15) of such alleged breach and afforded the other party" hereto a reasbriable period after the giVing Of suth notieeto take cdrrective action. If Appl icable Law 'provides a time period which muStelapSe'befdretertaini action can be taken, that time petiod will be deemed to be reasonable for pUrpoSes of this' paragraPh. The 'nOtice Of atteleratiOn and opportunity to cute giVen to'Bortower putSuant to Section 22 and the notice of acceleration given to BOrroWet porstiatit toSeetion18'SFiall be cleaned to satiSfy the notice and opportnnity to take cdrrective action proviSions of this Section 20. 21. HazardousSUbStances. As used in this Section 21: (a) "Hazardous SubstanCes" are those substances defined as to5cieot haZardotis substances, polltitatitS, or wastes by Environmental Law and following siabstances: gasoline; kerosene, otherflanirilabledtlo5do petrdleuni prodUcts, tOxic pesticides arid herbicides, volatile solvents, MatetialS containing aSbeStoS, fdtineldehyde, and radibactiVe En virorirnerital LaW; and (d) an "Eriviteitritiehtal Condition" Means a condition that can' cange, eOrittibtite' to, di dtherWiSeAtiggeeari ErNirotiMerital Cleanup. Bortower shall nOt cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten ta release any Hazardotts'SubStances, ofi or in the Property. Borrower shall riot do, nor allOw anybne else tb d�, anything' affeetingtlie Property (d)' that is in violation gaily EnvirOmnental Law,'(b) which dreateS an EnvironMental Condition, or (c) Which ue to the pr se c ,u rr lea of a Hazardous Stibstance, creates a condition that adversely affects the value of the PtOperty. The preceding two sehtenteS Shall not apply to the presence, use;or storage on the Property of small quantities of Hazardous Substances that are generally recognized be apprOptiate to normal residential Uses and to maintenance of the Property (including, but not lithited to, hazardous'subStances cbri Suniet prodUCth). Borrower shall promptly give Lender written notice Of (a) any investigation, claim, demand, laivsuit dr billet adtiOn by 'any governmental or regulatory agency Or private party involving the Property and any HazatdOus SubStance Envittinnietital'Law'of whioh Bortower has actual kndwledge, (b) any Environmental Condition, including but not litnited to, any spilling, leaking', disdharge; threat of release any'Hazarderiis Substance, and (c) any cdndition caused by the presence,.uSe or releaSe of a HaZardiatiS pa rty, that anytetnoval otherrethediation of any Hazardous Substance affeeting the Property i5fieceSSary, BOttoWer take all necessary remedial' attidriS in acedtdance With Enviromnental Law. Nothing herein shall Create any obligation On' Lendet ah NON-UNIFOkM COVENANTS: Bbribwer arid Lender further covenarit and agree as follows: Acceleratitin; Relit edieS. Lender 'Shall :give notice to Borrower "priarfo 61* any th e'date theliati Ce it giVeli to BOrroWer, by Which'thedefatilt uSt be tilted arid (dYtliat la nitre lb' Care tIte date specifiedin the notice ntay reSUlt in acceleration of the 'slims secured bYthis SeedritY InStrurnetif and sale Of iltififoperty.'The notice 'shalffiirther ihfortn, Borrower of the right' to reinstate after aceeleratieit ain dike' right' Co' bring'greottrtaCtion'to'assert.the non Of a default or any other defense' to Mid 'Sale. If tlie default iS cured on Or beforethe date WYOMING Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form Page IDS, Inc. Initials 1/01 specified in the notice, Lender at its option may require immediate payment in full of all sums secured bytt his Security Instrument Withinit further'de►iiand and m'ayinvoke''the power of sale and anyotlier permitted by Applicable Law Lender shall "tie entitled to collect all-'exp"enses incurred in pursuing; the remedies provided' in this S'ection'22, ory incli ding; ut not'l mited`to, reasonable attne s fees and costs of title evidence. p P If Lender invokes thespower'of sale, Lender shall'give notice of intent to foreclose to Borrower and to the erson in ossession of the Property, if differeit in accorda'ncewith'Applicable Law. Lender shall give notice of the` Sale to Borrower m the manner provided in'Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed y Applicable Law.; Lend er'or its designee' may purchase the'Propeety'at any sale. The proceeds of thesale shall- be�applied m tli "e following order: (a) to'all expenses' of thesale, including, but not'liinited'to, reasonable' attorneys' fees;'"(b) to'all sum's=`s culred' this:Security Instrument; and (C) any exc'e'ss to the person or persons le`gally'entitleifto''it 23.- Release. Upon payment of all sums secured by this Security Instrument, Lender shall release'this Security Instrument. Borrower party c r pP bud only if'ttie "fee is paid a shall pay any recordation costs Lender may charge Borrower a fee for releasing this,Secur►ty Instrument, to third a for services renderedand'the charging of the f ee'"is permitted under A p "licable Law. 24. Waivers.'Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming: BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenant's contained in this Security lnstrurri'ent and in any Rider executed by Borrower and recorded with it. Witnesses: becca Fridal State of WFISFa County Of '0010S This instrument was acknowledged before me on (Seal, if any) NO,BALEE W AHOADES' ;Notary Public• Stateof Utah Commission ".583589 COMM EXP 08=64. Witness Seal Borrower WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Page 9 of 9 IDS, Inc 0-0 b Rebecca Fridal. Witness (Seal) -Borrower I A-rt,v Put k My commission expires: '(Signature of notarial officer) Title (and Rank) MULTISTATEPUD'RIDER-k Sirigle Family Fannie Mae*ierd fa'trad'UNIFbRM'IN'STRUMENT Page 1 of 3 Borrower(s) InitiaIs 0 0 PLANNED UNIT DEVELOPME THIS PLANNED UNIT DEVELOPMENT RIDER is made this 7th day of February, 2013, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date, given by the undersigned (the Borrower") to secure Borrower's Note to AMERICA FIRSTIEDERAL CREDIT UNION (the "Lender") of the same date and covering the Property described in the Security Instrument and located at 1079 Hardman Rd Star Valley Ranch, WYOMING 83127 (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 Covenants, Conditions and Restrictions of Record (the "Declaration"). The Property is a part of a planned unit development known as Star Valley Ranch (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 follows: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent bocuments. The "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; any by-laws or other rules or regulations Of the Owners Association. Borrower shall promptly pay, when due, all dues and as'sessmentsimpogedvuituant to the Constituent Documents. Form 31501 01 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 byfire, 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 Pro` ;'and (ii) Borrower's obligation ation under Section 5 to maintain ro e y insurance covers eon the Property; O g P Pi g 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 'du the term 'of the'loan Borrower shall give Lender prompt notice of any lapse in required property insurance cov"erage provided by the master or blanket policy. property i p ration or repair "following'a In the event of a distribution of insurance proceeds in lieu of re "sto 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'for''m, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, director consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the Y g Y�P P MULTISTATE PUD RIDER Single Family FannieMaelFreddie'Mac UNIFORM INSTRUMENT Page 2 of 3 common areas' and facilities of the PUD, or for any conveyance in lieu Of condemnation are hereby'assig'ned and §fiall hepaid to Lender. 'Such prbceed§ shall be applied by Lender tb stuns secured by' the Securi ty y Instrumenh as provided in Section 11. E. Lender's Prio 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''ab "ando °nment' or termination of the PUD, except for abandonment or termination required by law in the case'o'f >substa`nt'ial 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 ben'efit *of Lender (iii) termination of professional management and assumption of self o`f the Owne "r "s Association; or (iv) any action which Would have the effect of rendering' the public insurance' coverage maintained by the Owners Association unacceptable to,Lender. Form 501101 Borrower(s) Initials F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security 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. BY S GNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this PUD Ri er. (Seal) -Bormwer IM u MULTISTATE PUD Single Farnily Fahilid;MietiMd IeVic' UNIFORM' INtTRU MENT Pa 3 of 3 003 -Borrower Form,31501/01 IDS, Inc. SECOND HOME RIDER 1079 Hardman Rd Star Valley Ranch, WYOMING 83127 (Property Address) MULTISTATE SECOND HOME RIDER--Single Family Fannie° Mae/Fi'eddieMac'UNIFORM INSTRUMENT Page 1 of 2 THISSECOND HOME RIDER is made this 7th day of February,, 2013, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument of the same date given by the undersigned (the Borrower" whether there are one or more persons undersigned) to secure Borrower's Note to AMERICA FIRST FEDERAL CREDIT LINTON (the "Lender of the same date and covering the Property described in the Security Instrument (the "Property"), which is located at: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by following: 6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower's second home. Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all times and'sliall not subject the Property to any timesharing or other shared ownership arrangernent or to any retitar pool' or agrees entthatrequires Borrower either to rent the Property or give a'inanagement`'firm or any other`person any control over the occupancy or use of the Property. 8: Borrower''s .Loan Application. Borrower shall be in default if, during the loan application process, Borrower or any persons or entities acting at the direction of Borrower or With. orrower''s knowledge or" consent gave materially' false, misleading, or inaccurate information or 'st to Lender (or failed to provide Lender with material information) in conhection with the Loan Material representations include, but are not limited to, representations concerning Borrower's'occupancy of the Property as Borrower's second home. 0034,, (Seal) -Borrower Ftidii MULTISTATE SECOND HOME RIDER--Single Family Fanri MgiFt ie Mac UNIroRM'IN'STRUMENT Page 2 of 2 IDS. Inc. 0 0 3 4 ‘,.1 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Second Horn Rider. (Seal) -Borrower Form 3890 1/01