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HomeMy WebLinkAbout970382ATEC 173585 After Recording Return To: CITIZENS COMMUNITY BANK, DIVISION OF 2 c GLACIER BANK v c SOUTH ARTHUR AVE M POCATELLO, ID 83204 year m a tv MIN: 1002718 5679139089 -6 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 rovided in Section 16. (A) "Security Instrument" means this document, which is dated February document. (B) "Borrower" is JED ARLO MILLER, A MARRIED PERSON, AS HIS S I3orrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a s nominee for Lender and Lender's successors and assigns. MERS is the mortga is organized and existing under the laws of Delaware, and has an address and to 48501 -2026, tel. (888) 679 MERS. (D) "Lender" is 1ST BANK, DIVISION OF GLACIER BANK Lender is a CORPORATION the laws of MONTANA 314 S Washington, P.O. BOX 1620, AFTON, WY 83110 WYOMING.—Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT WYOMING -MERS ITEM 2769L1 (071312) 09040000079790 11 iii RECEIVING 97 BOOK: 808 PA JEANNE WA LINCOLN COUNTY CLER ISpacc Above This Line For Recording Data MORTGAGE II 1110 11 8866977 20130221 2769 11 iii I L.NV 1 IVI 382 E: 663 NER KEMMERER, WY RECEIVED 2/26/2013 at 3:53 PM RECEIVING 969689 BOOK: 80E PAGE: 596 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1, 2013 together with all Riders to this LE AND SEPARATE PROPERTY parate corporation that is acting solely as a ee under this Security Instrument. MERS ephone number of P.O. Box 2026, Flint, MI organized and existing under Lender's address is 6066 OOE0 Form 3051 1/01 GrcatDocs (Page 1 of 13) 8866977 (E) "Note" means the promissory note signed by Borrower and dated Fe Borrower owes Lender One Hundred Eighty Four Thousand and no /100 Dollars (U.S. $184,000.00 plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 01, 2043 (F) "Property" means the property that is described below under the heading "T (C) "Loan" means the debt evidenced by the Note, plus interest, any prepayment and all sums due under this Security Instrument, plus interest. (Ii) "Riders" means all Riders to this Security Instrument that are executed b' Borrower. The following Riders are to be executed by Borrower [check box as applicable]: (1) "Applicable Law" means all controlling applicable federal, state and administrative rules and orders (that have the effect of law) as well as all applicabl (J) "Community Association Dues, Fees, and Assessments" means all dues, ees, assessments and other charges that arc imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic ii strument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an accoun Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated y telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award f damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction o1 the Property; (ii) condemnation or other taking of all or any part of the Property; iii) conveyance in lieu of condemnation; or (iv) misrepresentations of or omissions as to, the value and /or condition of the Property. (N) "Mortgage insurance" means insurance protecting Lender against the nonp yment of or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) princ amounts under Section 3 of this Security instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. 2 Regulation X (12 C.P.R. Part 1024), as they might be amended from time to time regulation that governs the same subject matter. As used in this Security Instrtun restrictions that are imposed in regard to a "federally related mortgage loan" ever related mortgage loan" under RESPA. WYOMING Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT WYOMING -MERS ITEM 2769L2 (071312) 09040000079790 Adjustable Rate Rider Balloon Rider 1 -4 Family Rider Condominium Rider Planned Unit Development Rider Biweekly Payment Rider bruary 21, 2013 The Note states that ansfer of Rights in the Property." barges and late charges due under the Note, Second Home Rider VA Rider Other(s) [specify] ocal statutes, regulations, ordinances and final, non appealable judicial opinions. pal and interest under the Note, plus (ii) any 01 et seq.) and its implementing regulation, or any additional or successor legislation or nt, "RESPA" refers to all requirements and if the Loan does not qualify as a "federally Form 3051 1/01 GrcatDocs"' (Page 2 of 13) 8866977 (Q) "Successor in Interest of Borrower" means any party that has taken title td 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: (i) the repayment of the Loan, and all rnewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under thi Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as t ominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the COUNTY of LINCOLN [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] See Attached Legal which currently has the address of 7541 COUNTY [Strcc Wyoming "Prope AFTON [City] 83110 [Zip Code' TOGETHER WITH all the improvements now or hereafter erected on the pro fixtures now or hereafter a part of the property. All replacements and additions shall All of the foregoing is referred to in this Security Instrument as the "Property." B holds only legal title to the interests granted by Borrower in this Security Instru or custom, MERS (as nominee for Lender and Lender's successors and assigns) I interests, including, but not limited to, the right to foreclose and sell the Property including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate he grant and convey the Property and that the Property is unencumbered, except for and will defend generally the title to the Property against all claims and demands, s THIS SECURITY INSTRUMENT combines uniform covenants for national variations by jurisdiction to constitute a uniform security instrument covering real UNIFORM COVENANTS. Iorrower and Lender covenant and agree as folio I. Payment of Principal, Interest, Escrow Items, Prepayment Charg when due the principal of, and interest on, the debt evidenced by the Note and at under the Note. Borrower shall also pay funds for Escrow Items pursuant to Secti Security Instrument shall be made in U.S. currency. However, if any check or othe under the Note or this Security Instrument is returned to Lender unpaid, Lender ma due under the Note and this Security instrument be made in one or more of the foll (b) money order; (c) certified check, bank check, treasurer's check or cashier's chec institution whose deposits are insured by a federal agency, instrumentality, or enti WYOMING—Single Family Fannie I\'lae /Freddie lilac UNIFORM INSTRUMENT WYOMING -MERS ITEM 2769L3 (071312) 09040000079790 ROAD 238 ty Address R ;U-665 00 52 erty, and all easements, appurtenances, and also be covered by this Security Instrument. rrower understands and agrees that MERS tent, but, if necessary to comply with law as the right: to exercise any or all of those and to take any action required of Lender eby conveyed and has the right to mortgage, ncumbrances of record. Borrower warrants ibject to any encumbrances of record. Ise and non- uniform covenants with limited roperty. s: s, and Late Charges. Borrower shall pay y prepayment charges and late charges due n 3. Payments due under the Note and this instrument received by Lender as payment require that any or all subsequent payments wing forms, as selected by Lender: (a) cash; provided any such check is drawn upon an or (d) Electronic Funds Transfer. Form 3051 1/01 GreatDocs° (Page 3 of 13) 8866977 Payments are deemed received by Lender when received at the location desi nated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan curre payment insufficient to bring the Loan current, without waiver of any rights here payment or partial payments in the future, but Lender is not obligated to apply s t. Lender may accept any payment or partial nder or prejudice to its rights to refuse such 'eh payments at the time 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 t within a reasonable period of time, Lender shall either apply such funds or return t funds will be applied to the outstanding principal balance under the Note immedi which Borrower might have now or in the future against Lender shall relieve Boi Note and this Security Instrument or performing the covenants and agreements sec 2. Application of Payments or Proceeds. Except as otherwise described applied by Lender shall be applied in the following order of priority: (a) interest the Note; (c) amounts due under Section 3. Such payments shall be applied to ea became due, Any remaining amounts shall be applied first to late charges, second Instrument, and then to reduce the principal balance of the Note. if Lender receives a payment from Borrower for a delinquent Periodic Pay vent which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment Payment is outstanding, Lender may apply any payment received from Borrower and to the extent that, each payment can be paid in full. To the extent that any ex full payment of one or more Periodic Payments, such excess may be applied to shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Procec 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 until the Note is paid in full, a sum (the "Funds to provide for payment of am other items which can attain priority over this Security Instrument as a lien or payments or ground rents on the Property, if any; (c) premiums for any and all in WYOMING— Single Family Fannie Mac /Freddie Mac UNIFORM INSTRUMENT ITEM 2769L4 (071312) 09040000079790 e Loan current. if Borrower does not do so em t0 Borrower. if not applied earlier, such tcly prior to foreclosure. No offset or claim rower from making payments due under the 'red by this Security Instrument. in this Section 2, all payments accepted and due under the Note; (b) principal due under h Periodic Payment in the order in which it o any other amounts due under this Security a d the late charge. if more than one Periodic t the repayment of the Periodic Payments if, ess exists after the payment is applied to the a ;y late charges due. Voluntary prepayments to principal due under the Note shall not eriodic Payments are due under the Note, tints due for: (a) taxes and assessments and ncumbrance on the Property; (b) leasehold ',trance required by Lender under Section 5; and (d) Mortgage insurance premiums, if any, or any sums payable by Borrower IA) Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These iten1s are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community \ssociation Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an E crow item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pa Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Iten s. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow items at any time. Any such waiver May only be in writing. In the event of such waiver, I3orrower shall pay directly, when and where payable, the amounts due or any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender r ceipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments nd to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument as the phrase "covenant and agreement" is used in Section 9. if Borrower is obligated to pay Escrow Items directly, pursua t to a waiver, and Borrower fails to pay the amount due for an Escrow item, Lender may exercise its rights under Section 9 at d pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may rev ke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section I5 and, upon such revoca ion, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficien to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a len Or can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estil ates 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 federa agency, instrumentality, or entity (including Lcndcr, if Lender is an institution whose deposits are so insured) or in any Feder i Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. L nder shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the 'scrow 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 Form 3051 1 /01 GreatDocs" (Page 4 of 13) 8866977 Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. I3orrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, 0 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 no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payn eats. Upon payment in full of all sums secured by this Security Instrument, Lender s call promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, Property which can attain priority over this Security Instrument, leasehold payment Community Association Dues, Fees, and Assessments, if any. To the extent that th pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Securi writing to the payment of the obligation secured by the lien in a manner acceptabl performing such agreement; (b) contests the lien in good faith by, or defends against which in Lender's opinion operate to prevent the enforcement of the lien while th such proceedings are concluded; or (c) secures from the holder of the lien an agree' lien to this Security instrument. if Lender determines that any part of the Property over this Security instrument, Lender may give Borrower a notice identifying the li notice is given, Borrower shall satisfy the lien or take one or more of the actions set Lender may require Borrower to pay a one -time charge for a real estate tax Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existin or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and an other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shad be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall 'e chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreason ably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. if I3orrower fails to maintain any of the coverages described above, Lender' iay obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borro er's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or Ie.ser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might si.mificantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security instrument. These amounts shall bear interest at the Note late from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shat, be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and /or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lende' requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to. or destruction of the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and /or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier nd Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration WYOMING -MERS ITEM 27691_5 (071312) 09040000079790 00" fines, and impositions attributable to the or ground rents on the Property, if any, and se items are Escrow items, Borrower shall Instrument unless Borrower: (a) agrees in to Lender, but only so long as Borrower is nforcemcnt of the lien in, legal proceedings se proceedings are pending, but only until ent satisfactory to Lender subordinating the s subject to a lien which can attain priority n. Within 10 days of the date on which that forth above in this Section 4. rification and /or reporting service used by WYOMING— Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT n Form 3051 1 /01 Greattocs'' (Page 5 of 13) 8866977 J668 o® €o' or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunit' 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 Applicable Law requires interest to be paid onlsuch 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. I f the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance (proceeds shall be applied to the stuns secured by this Security Instrument, whether or not then due, with the excess, if any, paid tp 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 matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid und- the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of Lineal ried premiums paid by I3orrower) 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 am unpaid under the Note or this Security Instrument, whether or not then due. i 6. Occupancy. I3orrowcr shall occupy, establish, and use the Property as i brrowcr's principal residence within 60 days after the execution of this Security instrument and shall continue to occupy the Pro erty as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writ g, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's pntrol. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Pro} rty. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property I rom deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or dal cage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower sha 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 insurance or condemnation proceeds are not Obligation for the completion of such repair a single payment or in a series of progress payments as the work is completed. If th sufficient to repair or restore the Property, Borrower is not relieved of Borrower' or restoration. Lender or its agent may make reasonable entries upon and inspections of th may inspect the interior of the improvements on the Property. Lender shall give 13 an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with naterial information) in connection with the Loan. Material representations include, but are not limited to, representations cone•ning 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 Instrum significantly affect Lender's interest in the Property and /or rights under this bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien Instrument or to enforce laws or regulations), or (c) Borrower has abandoned ih whatever is reasonable or appropriate to protect Lender's interest in the Propert including protecting and /or assessing the value of the Property, and securing an can include, but are not limited to: (a) paying any sums secured by a lien whicl (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its int Security Instrument, including its secured position in a bankruptcy proceeding. Sec to, entering the Property to make repairs, change locks, replace or board up doors an building or other code violations or dangerous conditions, and have utilities turne WYOMING— Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT WYOMING -MERS I rGM 2769L6 (071312) 09040000079790 Property. If it has reasonable cause, lender rrowcr notice at the time of or prior to such t, (b) there is a legal proceeding that might S4 urity Instrument (such as a proceeding in hich may attain priority over this Security Property, then Lender may do and pay for and rights under this Security instrument, or repairing the Property. Lender's actions has priority over this Security instrument; •est in the Property and /or rights under this king the Property includes, but is not limited windows, drain water from pipes, eliminate pn or off Although Lender may take action Form 3051 1 /0 1 GreatDocs" (Page 6 of 13) 8866977 under this Section 9, Lender does not have to do so and is not under any duty or incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become addition' Instrument. These amounts shall bear interest at the Note rate from the date of di interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with acquires fee title to the Property, the leasehold and the fee title shall not merge unlc 10. Mortgage Insurance. If Lender required Mortgage Insurance as a con pay the premiums required to maintain the Mortgage insurance in effect. If, for a required by Lender ceases to be available from the mortgage insurer that previo was required to make separately designated payments toward the premiums fo the premiums required to obtain coverage substantially equivalent to the Mortga substantially equivalent to the cost to Borrower of the Mortgage Insurance previ insurer selected by Lender. if substantially equivalent Mortgage Insurance covera to pay to Lender the amount of the separately designated payments that were due effect. Lender will accept, use and retain these payments as a non- refundable loss loss reserve shall be non refundable, notwithstanding the fact that the Loan is ultil required to pay Borrower any interest or earnings on such loss reserve. Lender cal Mortgage Insurance coverage (in the amount and for the period that Lender require again becomes available, is obtained, and Lender requires separately designated p insurance. If Lender required Mortgage Insurance as a condition of making the separately designated payments toward the premiums for Mortgage Insurance, 13 maintain Mortgage insurance in effect, or to provide a non refundable loss resery Insurance ends in accordance with any written agreement between Borrower and L termination is required by Applicable Law. Nothing in this Section 10 affects Bor] provided in the Note. Mortgage Insurance reimburses Lcndcr (or any entity that purchases the Note does not repay the Loan as agreed. Borrower is not a party to the Mortgage lnsuran Mortgage insurers evaluate their total risk on all such insurance in force from with other parties that share or modify their risk, or reduce losses. These agree] satisfactory to the mortgage insurer and the other party (or parties) to these agre mortgage insurer to make payments using any source of funds that the mortgage ins funds obtained from Mortgage insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another in affiliate of any of the foregoing, may receive (directly or indirectly) amounts that portion of Borrower's payments for Mortgage Insurance, in exchange for sharing reducing losses. if such agreement provides that an affiliate of Lender takes a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsu (a) Any such agreements will not affect the amounts that Borrower has any other terns of the Loan. Such agreements will not increase the amount Bo and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has —if any under the Homeowners Protection Act of 1998 or any other law. These right disclosures, to request and obtain cancellation of the Mortgage Insurance, to automatically, and /or to receive a refund of any Mortgage Insurance premiu cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneou be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair is economically feasible and Lender's security is not lessened Lender shall have the right to hold such Miscellaneous Proceeds until Lender has h ensure the work has been completed to Lender's satisfaction, provided that such insp may pay for the repairs and restoration in a single disbursement or in a series of p WYOMING Single Fancily— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT WYOMING -MERS ITEM 2769L7 (071312) 09040000079790 00G09 bligation to do so. It is agreed that Lender 1 debt of Borrower secured by this Security bursement and shall be payable, with such 11 the provisions of the lease. If Borrower s Lender agrees to the merger in writing. ition of making the Loan, Borrower shall reason, the Mortgage Insurance coverage sly provided such insurance and Borrower Mortgage Insurance, Borrower shall pay e Insurance previously in effect, at a cost usly in effect, from an alternate mortgage e is not available, Borrower shall continue hen the insurance coverage ceased to be in eserve in lieu of Mortgage insurance. Such lately paid in full, and Lender shall not be no longer require loss reserve payments if provided by an insurer selected by Lcndcr yments toward the premiums for Mortgage Loan and Borrower was required to make rrower shall pay the premiums required to until Lender's requirement for Mortgage nder providing for such termination or until ower's obligation to pay interest at the rate for certain losses it may incur if Borrower 0. ime to time, and may enter into agreements rents are on terms and conditions that are ments. These agreements may require the firer may have available (which may include surer, any reinsurer, any other entity, or any crive from (or might be characterized as) a r modifying the mortgage insurer's risk, or of the insurer's risk in exchange for a share ance." Further: greed to pay for Mortgage insurance, or rower will owe for Mortgage Insurance, with respect to the Mortgage Insurance may include the right to receive certain ave the Mortgage Insurance terminated s that were unearned at the time of such Proceeds are hereby assigned to and shall restoration or repair of the Property, if the During such repair and restoration period, an opportunity to inspect such Property to ction shall be undertaken promptly. Lender ogress payments as the work is completed. Form 3051 1 /01 Greatlocs" (Page 7 of 13) 8866977 Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, pail 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, tie Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. in the event of a partial taking, destruction, or loss in value of the Property i 1 which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Sccurity Instrument immediately before the partial taking, destruction, of loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be educed by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property i which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than t e amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender therwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether r not the sums arc then due. If the Property is abandoned by Borrower, or if after notice by Lender to rrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borro er fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Mi cellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether r not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against who! Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or c� could result in forfeiture of the Property or other material impairment of Lender' Security Instrument. Borrower can cure such a default and, if acceleration has oc causing the action or proceeding to be dismissed with a ruling that, in Lender's j or other material impairment of Lender's interest in the Property or rights under award or claim for damages that are attributable to the impairment of Lender's in shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the roperty shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Bxt ilsion of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lend I to Borrower or any Successor in interest of Borrower shall not operate to release the liability of Borrower or any Successor in interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrow or to refuse to extend time for payment or otherwise modify amortization of the suns secured by this Security Instrument b reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender n exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entitle or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the ex cise of any right or remedy. 13. Joint and Several Liability; Co signers; Successors and Assigns ound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Bouower who co -signs this Security Instrument but does not execute the Note (a "co- signer (a) is co- signing this Security Instr lent only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (u is not personally obligated to pay the sums secured by this Security instrument; and (c) agrees that Lender and any other Bori ewer can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or tle Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrow who assumes Borrower's obligations under this Sccurity 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 obligation and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. WYOMING— Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT WYOMING -MERS ITEM 2769L8 (071312) 09040000079790 0060? minal, is begun that, in Lender's judgment, interest in the Property or rights under this erred, reinstate as provided in Section 19, by dgment, precludes forfeiture of the Property is Security Instrument. The proceeds of any rest in the Property are hereby assigned and Form 3051 1/01 GreatDocs" (Page 8 of 13) 8866977 14. Loan Charges. Lender may charge Borrower fees for services performe the purpose of protecting Lender's interest in the Property and rights under this Se to, attorneys' fees, property inspection and valuation fees. In regard to any other f Security Instrument to charge a specific fee to Borrower shall not be construed a Lender may not charge fees that are expressly prohibited by this Security Instrumen if the Loan is subject to a law which sets maximum loan charges, and that I or other loan charges collected or to be collected in connection with the Loan exc loan charge shall be reduced by the amount necessary to reduce the charge to the collected from Borrower which exceeded permitted limits will be refunded to Borro arU l71 00 0 in connection with Borrower's default, for urity Instrument, including, but not limited es, the absence of express authority in this a prohibition on the charging of such fee. or by Applicable Law. w is finally interpreted so that the interest ed the permitted limits, then: (a) any such permitted limit; and (b) any sums already r. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment t. 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 refund made by .irect 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 notice to Iorrower in connection with this Security Instrument shall be deemed to h first class mail or when actually delivered to Borrower's notice address if sent by otl constitute notice to all Borrowers unless Applicable Law expressly requires otherw Address unless Borrower has designated a substitute notice address by notice to Let ecurity instrument must be in writing. Any ve been given to Borrower when mailed by er means. Notice to any one Borrower shall se. The notice address shall be the Property der. Borrower shall promptly notify Lender of Iorrower's change of address. if Lender specifies a procedure for reporting Bo rower's change of address, then Borrower shall only report a change of address through that specified procedure. There may e 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 mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security instrument shall not be deemed to have been given to Lender unt I actually received by Lender. if any notice required by this Security Instrument is also required under Applicable Law, the pplicable Law requirement will satisfy the corresponding requirement under this Security instrument. 16. Governing Law; Severability; Rules of Construction. This Security I and the law of thc jurisdiction in which the Property is located. All rights and obligati subject to any requirements and limitations of Applicable Law. Applicable Law migl agree by contact or it might be silent, but such silence shall not be construed as a p the event that any provision or clause of this Security hnstrument or the Note confli not affect other provisions of this Security Instrument or the Note which can be give As used in this Security Instrument: (a) words of the masculine gender shall m or words of the feminine gender; (b) words in the singular shall mean and include "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 18. Transfer of the Property or a Beneficial Interest in Borrower. As used means any legal or beneficial interest in the Property, including, but not limited t bond for deed, contract for deed, installment sales contract or escrow agreement, t 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 person and a beneficial interest in Borrower is sold or transferred) without Lender' immediate payment in full of all sums secured by this Security Instrument. 1 -lo\ 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 Tess than 30 days from the date the notice is given in accordance with Section 1 secured by this Security instrument. if Borrower fails to pay these sums prior to the any remedies permitted by this Security instrument without further notice or deman 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets right to have enforcement of this Security Instrument discontinued at any time prio of the Property pursuant to any power of sale contained in this Security Instrume might specify for the termination of Borrower's right to reinstate; or (c) entry of a j1 Those conditions are that Borrower: (a) pays Lender all sums which then would the Note as if no acceleration had occurred; (b) cures any default of any other cov' WYOMING Single Family— Fannie Mac /Freddie Mac UNiFORM INSTRUMENT WYOMING -MERS ITEM 2769L9 (071312) 09040000079790 strument shall be governed by federal law ins contained in this Security Instrument are t explicitly or implicitly allow the parties to ohibition against agreement by contract. In is with Applicable Law, such conflict shall effect without the conflicting provision. an and include corresponding neuter words the plural and vice versa; and (c) the word his Security Instrument. in this Section 18, "Interest in the Property" those beneficial interests transferred in a e intent of which is the transfer of title by ransferred (or if Borrower is not a natural prior written consent, Lender may require ever, this option shall not be exercised by within which Borrower must pay all sums xpiration of this period, Lender may invoke on Borrower. certain conditions, Borrower shall have the to the earliest of: (a) five days before sale t; (b) such other period as Applicable i.,aw dgment enforcing this Security Instrument. e due under this Security Instrument and nants or agreements; (c) pays all expenses Form 3051 1 /01 GreatDocs°' (Page 9 of 13) 8866977 4)007 incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security instrument; and (d) takes such action as Lender may reasonably require tp assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified cheek, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are nsured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The rte or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice o Borrower. A sale might result in a change in the entity (known as the "Loan Servicer that collects Periodic Payments due coder the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Sec rity Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the rte. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA re uires 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 S rvicer or be transferred to a successor loan Servicer and are not assumed by the Note purchaser unless otherwise provided by t'le Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judii ial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Se urity Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of this Security I strument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requireme is of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notic to take corrective action. if Applicable Law provides a time period which must elapse before certain action can be taken, that ime period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure even to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deem to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. hazardous Substances. As used in this Section 21: (a) "Hazardous toxic or hazardous substances, pollutants, or wastes by Environmental Law and other flammable or toxic petroleum products, toxic pesticides and herbicides, volat formaldehyde, and radioactive materials; (b) "Environmental Law" means federal Property is located that relate to health, safety or environmental protection; (c) "Er action, remedial action, or removal action, as defined in Environmental Law; an condition that can cause, contribute to, or otherwise trigger an Environmental Cle Borrower shall not cause or permit the presence, use, disposal, storage, or rely to release any Hazardous Substances, on or in the Property. Borrower shall no affecting the Property (a) that is in violation of any Environmental Law, (b) w (c) which, due to the presence, use, or release of a Hazardous Substance, creates the Property. The preceding two sentences shall not apply to the presence, use, of Hazardous Substances that are generally recognized to be appropriate to norm; Property (including, but not limited to, hazardous substances in consumer product Borrower shall promptly give Lender written notice of (a) any investigation, governmental or regulatory agency or private party involving the Property and any of which lorrower has actual knowledge, (b) any Environmental Condition, inclu discharge, release or threat of release of any Hazardous Substance, and (c) any cone a Hazardous Substance which adversely affects the value of the Property. If Borro or regulatory authority, or any private party, that any removal or other renediati• Property is necessary, Borrower shall promptly take all necessary remedial acti' Nothing herein shall create any obligation on Lender for an Environmental Cleanu WYOMING— Single Family Fannie Mac /Freddie Mac UNIFORM INSTRUMENT WYOMING -MERS ITEM 2769L10 (071312) 09040000079790 ubstances" are those substances defined as re following substances: gasoline, kerosene, ile solvents, materials containing asbestos or laws and laws of the jurisdiction where the vironmental Cleanup" includes any response (d) an "Environmental Condition" means a sup. se of any Hazardous Substances, or threaten do, nor allow anyone else to do, anything ich creates an Environmental Condition, or condition that adversely affects the value of' storage on the Property of small quantities I residential uses and to maintenance of the laim, demand, lawsuit or other action by any Iazardous Substance or Environmental Law ing but not limited to, any spilling, leaking, lion caused by the presence, use or release of er learns, or is notified by any governmental of any l-iaz_ardous Substance affecting the ns in accordance with Environmental Law. Form 3051 1 /01 GreatDocs" (Page loo/ 13) 8866977 NON UNIFORM COVENANTS. Borrower and Lender further covenant and 22. Acceleration; Remedies. Lender shall give notice to Borrower pr breach of any covenant or agreement in this Security Instrument (but not pri Applicable Law provides otherwise). The notice shall specify: (a) the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, (d) that failure to cure the default on or before the date specified in the noti secured by this Security Instument and sale of the Property. The notice shat reinstate after acceleration and the right to bring a court action to assert th defense of Borrower to acceleration and sale. If the default is not cured on Lender at its option may require immediate payment in full of all sums sect further demand and may invoke the power of sale and any other remedies per entitled to collect all expenses incurred in pursuing the remedies provided in to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to in possession of the Property, if different, in accordance with Applicable La Borrower in the manner provided in Section 15. Lender shall publish the notic the manner prescribed by Applicable Law. Lender or its designee may purcha of the sale shall be applied in the following order: (a) to all expenses of the sale attorneys' fees; (b) to all sums secured by this Security instrument; and (c) a entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, I Borrower shall pay any recordation costs. Lender may charge Borrower a fee for r the fee is paid to a third party for services rendered and the charging of the fee is pc 24. Waivers. Borrower releases and waives all rights under and by virtue of WYOMING— Single Fancily Fannie Mac /Freddie Mac UNIFORM INSTRUMENT WYOMING -MERS ITEM 2769L11 (071312) 09040000079790 ft) 3 a gree as follows: or to acceleration following Borrower's r to acceleration under Section 18 unless r) the action required to cure the default; by which the default must be cured; and e may result in acceleration of the sums further inform Borrower of the right to non- existence of a default or any other r before the date specified in the notice, red by this Security Instrument without itted by Applicable Law. Lender shall be his Section 22, including, but not limited foreclose to Borrower and to the person v. Lender shall give notice of the sale to of sale, and the Property shall be sold in c the Property at any sale. The proceeds including, but not limited to, reasonable y excess to the person or persons legally ender shall release this Security Instrument. leasing this Security instrument, but only if 7nitted under Applicable Law. he homestead exemption laws of Wyoming. Form 3051 1/01 GreatDocs" (Page 11 of 13) 8866977 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 13 ofthis Security Ins1un it and in any ider executed by Borrower and recorded with it. LISA MI LER (Seal) Borrower (Seal) Borrower WYOMING—Single Family Fannie Mae /Freddie IMac UNIFORM INSTRUMENT WYOMING -MERS ITEM 27691_12 (071312) 09040000079790 (Scal) (Seal) Borrower Borrower aNUt 01 (Seal) Borrower (Seal) Borrower Form 3051 1 /01 GraatDoce (Page 12 of 13) 8866977 State of Wyoming County of LI�TC�I AT This instrument was acknowledged before me on FEB. 21, 2013 (Bate) by JED ARLO MILLER and Lisa Miller. WYOM'IING Single Family— Fannie i\'Iae /Freddie Mac UNIFORM INS'T'RUMENT WYOMING-MERS ITEM 2769L13 071312) 090400000 9790 /Y- My commission expires: 9 -/S GLORIA K. BYERS NOTARY PUBLIC County of Lincoln State of Wyoming My Comrnisson Expires September 15, 2015 0 0 0 fl (name(s) of person(s)). Notary Public Form 3051 I/O) GreatIocs'` (Page 13 of 13) 886697'7 LEGAL The West Half of the North Half of the South Half of the Northeast 1 uarter of the Southeast Quarter of Section 21, Township 32 North, Range 119 West, 6th P.M., Lincoln County, Wyoming, and being more particularly described as follows: BEGINNING at a point in the West line of said Northeast Quarter .outheast Quarter of said Section 21, said point being North 0 °57'46" East 331.029 feet from the Southwest co ner of said Northeast Quarter Southeast Quarter of said Section 21 and being also the Southeast 1/16 corner f said Section 21; thence running North 0 °57'46" East 331.029 feet; thence South 89 °43'18" East 660.15 feel. thence South 1 °00'51" West 330.50 feet; thence North 89 °46'04" West 659.86 feet to the Point of Beginning. 6 d6 00 o We underston+ that the foregoing document is bein ereco page. Jed Miller My Commission Expires: (l State of L/ ,4 217) J County of 4/2 The foregoing instrument was acknowledged before me by Miller this .j' day of �p- i 2013. ROXIE JENKINS NOTARY PUBLIC County of State of Lincoln ?i Wyoming My Commission Expires August 16, 2014 I -6- Notar ded to correct the signature ed Arlo Miller and Lisa ublic z_