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HomeMy WebLinkAbout972057RE EIVED 7/17/2013 at 2:26 PM RECEIVING 972057 OK: 815 PAGE: 843 435 FORD ROAD, ST LOUIS PARK, JEANNE WAGNER MN 554260000 LINCa' N COUNTY CLERK, KEMMERER, WY \(C/ v� [Space Above This Line Fo Recording Data] MORTG k GE Return To: FINAL DOCS T7408 —01F 4101 WISEMAN BLVD BLDG 108 SAN ANTONIO, TX 78251 -4200 Prepared By: HOMESERVICES LENDING, LLC DEFINITIONS Words used in multiple sections of this document are Sections 3, 11, 13, 18, 20 and 21. Certain rules regard also provided in Section 16. (A) "Security Instrument" means this document, which together with all Riders to this document. (B) "Borrower" is CRAIG A 0' BRIEN AND LAURA Borrower is the mortgagor under this Security Instrumen (C) "Lender" is HOMESERVICES LENDING, LLC Lender is a LIMITED LIABILITY COMPANY organized and existing under the laws of THE STATE OI DELAWARE Lender's address is 333 S 7TH ST FL 27, MINNE •OLIS, MN 55402 Lender is the mortgagee under this Security Instrument. 0362863128 WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT VMP Wolters Kluwer Financial Services NMFL 3051 (WYCM) Rev 6/2008 defined below and other words are defined in g the usage of words used in this document are datedJULY 17 2013 O'BRIEN, HUSBAND AND WIFE I �J Form 3051 1/01 �j f/9aVMP6(WY) (0803).00 Initialsl %tb"� Page 1 of 16 1 0843 (D) "Note" means the promissory note signed by Borrowe The Note states that Borrower owes LenderoNE HUND 00/100 (U.S. *175, 000.00 plus interest. Borrowe Payments and to pay the debt in full not later than AUGU (E) "Property" means the property that is described bel Property. (F) "Loan" means the debt evidenced by the Note, plus i due under the Note, and all sums due under this Security (G) "Riders" means all Riders to this Security Instrume Riders are to be executed by Borrower [check box as app 1 Adjustable Rate Rider 0 Condominium Rider Balloon Rider 1 1 Planned Unit Developm VA Rider 0 Biweekly Payment Ride (H) "Applicable Law" means all controlling applicab ordinances and administrative rules and orders (that have non appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessm charges that are imposed 011 Borrower or the Propert association or similar organization. (I) "Electronic Funds Transfer" means any transfer check, draft, or similar paper instrument, which is init instrument, computer, or magnetic tape so as to order, i or credit an account. Such term includes, but is not li machine transactions, transfers initiated by telephone transfers. (K) "Escrow Items" means those items that are described (L) "Miscellaneous Proceeds" means any compensation, by any third party (other than insurance proceeds paid u damage to, or destruction of, the Property; (ii) conde Property; (iii) conveyance in lieu of condemnation; or value and /or condition of the Property. (M) "Mortgage Insurance" means insurance protecting the Loan. (N) "Periodic Payment" means the regularly scheduled a Note, plus (ii) any amounts under Section 3 of this Secur (0) "RESPA" means the Real Estate Settlement Proced implementing regulation, Regulation X (24 C.F.R. Part time, or any additional or successor legislation or regulat in this Security Instrument, RESPA" refers to all requir to a "federally related mortgage loan" even if the Loan loan" under RESPA. WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT VMP 5 Wolters Kluwer Financial Services and datedJULY 17 2013 D SEVENTY FIVE THOUSAND AND Dollars has promised to pay this debt in regular Periodic 01, 2028 w under the heading "Transfer of Rights in the terest, any prepayment charges and late charges nstrument, plus interest. t that are executed by Borrower. The following cable]: n Second Home Rider nt Rider 1 1 -4 Family Rider Other(s) [specify] 1 federal, state and local statutes, regulations, the effect of law) as well as all applicable final, ts" means all dues, fees, assessments and other by a condominium association, homeowners funds, other than a transaction originated by ated through an electronic terminal, telephonic truct, or authorize a financial institution to debit 'ted to, point -of -sale transfers, automated teller wire transfers, and automated clearinghouse n Section 3. settlement, award of damages, or proceeds paid er the coverages described in Section 5) for: (i) tion or other taking of all or any part of the misrepresentations of, or omissions as to, the ender against the nonpayment of, or default on, ount due for (i) principal and interest under the y Instrument. es Act (12 U.S.C. Section 2601 et seq.) and its 3500), as they might be amended from time to on that governs the same subject matter. As used ments and restrictions that are imposed in regard oes not qualify as a "federally related mortgage Form 3051 1/01 /�7 7Y.1f VMP6(WY) (0603).00 Initials Cpl V Page 2 of 16 0844 (P) "Successor in Interest of Borrower" means any part that has taken title to the Property, whether or not that party has assumed Borrower's obligations under e 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 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, Bor:ower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power pf sale, the following described property located in the COUNTY of LINCOLN [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] PLEASE ATTACH LEGAL DESCRIPTION THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.O. BOX 11758, NEWARK, NJ 071014758 Parcel ID Number: 1610 N SUNLIGHT DRIVE KEMMERER "Property Address"): TOGETHER WITH all the improvements now easements, appurtenances, and fixtures now or hereaft additions shall also be covered by this Security Instrui Security Instrument as the "Property." BORROWER COVENANTS that Borrower is law] the right to mortgage, grant and convey the Property a) encumbrances of record. Borrower warrants and will de claims and demands, subject to any encumbrances of rei THIS SECURITY INSTRUMENT combines unif covenants with limited variations by jurisdiction to cony property. WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT VMP® Wolters Kluwer Financial Services which currently has the address of [Street] [Zip Code] [City], Wyoming 83101 or hereafter erected on the property, and all r a part of the property. All replacements and ent. All of the foregoing is referred to in this ally seised of the estate hereby conveyed and has that the Property is unencumbered, except for Find generally the title to the Property against all crd. in covenants for national use and non uniform titute a uniform security instrument covering real InitialsCA Form 3051 1/01 VMP6(WY) (0803).00 Page 3 of 16 084 UNIFORM COVENANTS. Borrower and Lender c 1. Payment of Principal, Interest, Escrow Ite Borrower shall pay when due the principal of, and inte prepayment charges and late charges due under the Note. pursuant to Section 3. Payments due under the Note an currency. However, if any check or other instrument rece Security Instrument is returned to Lender unpaid, Lender due under the Note and this Security Instrument be m selected by Lender: (a) cash; (b) money order; (c) ce cashier's check, provided any such check is drawn upo federal agency, instrumentality, or entity; or (d) Electro Payments are deemed received by Lender when rec such other location as may be designated by Lender in ac Lender may return any payment or partial payment if th bring the Loan current. Lender may accept any payment current, without waiver of any rights hereunder or preju payments in the future, but Lender is not obligated to ap accepted. If each Periodic Payment is applied as of its interest on unapplied funds Lender may hold such unapp the Loan current. If Borrower does not do so within a re such funds or return them to Borrower. If not applied ear principal balance under the Note immediately prior to might have now or in the future against Lender shall rel the Note and this Security Instrument or performing the c Instrument. 2. Application of Payments or Proceeds. Exce payments accepted and applied by Lender shall be appli due under the Note; (b) principal due under the Note; shall be applied to each Periodic Payment in the order i shall be applied first to late charges, second to any other then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for sufficient amount to pay any late charge due, the payme the late charge. If more than one Periodic Payment is out from Borrower to the repayment of the Periodic Paymen paid in full. To the extent that any excess exists after the more Periodic Payments, such excess may be applied to be applied first to any prepayment charges and then as d Any application of payments, insurance proceeds, s the Note shall not extend or postpone the due date, or ch 3. Funds for Escrow Items. Borrower shall pay t under the Note, until the Note is paid in full, a sum (the for: (a) taxes and assessments and other items which ca WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT VMP Wolters Kluwer Financial Services enant and agree as follows: Prepayment Charges, and Late Charges. st on, the debt evidenced by the Note and any Borrower shall also pay funds for Escrow Items this Security Instrument shall be made in U.S. ed by Lender as payment under the Note or this ay require that any or all subsequent payments de in one or more of the following forms, as tified check, bank check, treasurer's check or an institution whose deposits are insured by a c Funds Transfer. ived at the location designated in the Note or at rdance with the notice provisions in Section 15. payment or partial payments are insufficient to r partial payment insufficient to bring the Loan ce to its rights to refuse such payment or partial ly such payments at the time such payments are scheduled due date, then Lender need not pay ed funds until Borrower makes payment to bring onable period of time, Lender shall either apply er, such funds will be applied to the outstanding reclosure. No offset or claim which Borrower eve Borrower from making payments due under venants and agreements secured by this Security as otherwise described in this Section 2, all d in the following order of priority: (a) interest amounts due under Section 3. Such payments I which it became due. Any remaining amounts mounts due under this Security Instrument, and delinquent Periodic Payment which includes a t may be applied to the delinquent payment and nding, Lender may apply any payment received s if, and to the extent that, each payment can be payment is applied to the full payment of one or y late charges due. Voluntary prepayments shall cribed in the Note. Miscellaneous Proceeds to principal due under nge the amount, of the Periodic Payments. Lender on the day Periodic Payments are due "Funds to provide for payment of amounts due attain priority over this Security Instrument as a Form 3051 1/01 VMP6(WY) (0803).00 Initials "�/v� VV Page 4 of 16 0846 lien or encumbrance on the Property; (b) leasehold pay premiums for any and all insurance required by Lend premiums, if any, or any sums payable by Borrower Insurance premiums in accordance with the provisions Items." At origination or at any time during the term o Association Dues, Fees, and Assessments, if any, be assessments shall be an Escrow Item. Borrower shall pr be paid under this Section. Borrower shall pay Lender Borrower's obligation to pay the Funds for any or a obligation to pay to Lender Funds for any or all Escrow in writing. In the event of such waiver, Borrower shall p due for any Escrow Items for which payment of Funds h shall furnish to Lender receipts evidencing such payme Borrower's obligation to make such payments and to pr be a covenant and agreement contained in this Security I is used in Section 9. If Borrower is obligated to pay Borrower fails to pay the amount due for an Escrow Ite and pay such amount and Borrower shall then be oblig amount. Lender may revoke the waiver as to any or al accordance with Section 15 and, upon such revocation, such amounts, that are then required under this Section Lender may, at any time, collect and hold Funds in the Funds at the time specified under RESPA, and (b) require under RESPA. Lender shall estimate the amou reasonable estimates of expenditures of future Escrow Law. The Funds shall be held in an institution wh instrumentality, or entity (including Lender, if Lender is any Federal Home Loan Bank. Lender shall apply the Fu specified under RESPA. Lender shall not charge Borro analyzing the escrow account, or verifying the Escrow I Funds and Applicable Law permits Lender to make such or Applicable Law requires interest to be paid on the Fu any interest or earnings on the Funds Borrower and L shall be paid on the Funds. Lender shall give to Borro Funds as required by RESPA. If there is a surplus of Funds held in escrow, as Borrower for the excess funds in accordance with RESP as defined under RESPA, Lender shall notify Borrower Lender the amount necessary to make up the shortage i monthly payments. If there is a deficiency of Funds held notify Borrower as required by RESPA, and Borrower up the deficiency in accordance with RESPA, but in no Upon payment in full of all sums secured by this to Borrower any Funds held by Lender. WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT VMP® Wolters Kluwer Financial Services nts or ground rents on the Property, if any; (c) 0847 under Section 5; and (d) Mortgage Insurance Lender in lieu of the payment of Mortgage f Section 10. These items are called "Escrow the Loan, Lender may require that Community crowed by Borrower, and such dues, fees and ptly furnish to Lender all notices of amounts to Funds for Escrow Items unless Lender waives Escrow Items. Lender may waive Borrower's tems at any time Any such waiver may only be directly, when and where payable, the amounts been waived by Lender and, if Lender requires, within such time period as Lender may require. ide receipts shall for all purposes be deemed to trument, as the phrase "covenant and agreement" row Items directly, pursuant to a waiver, and Lender may exercise its rights under Section 9 d under Section 9 to repay to Lender any such Escrow Items at any time by a notice given in orrower shall pay to Lender all Funds, and in n amount (a) sufficient to permit Lender to apply t to exceed the maximum amount a lender can of Funds due on the basis of current data and ms or otherwise in accordance with Applicable e deposits are insured by a federal agency, n institution whose deposits are so insured) or in ds to pay the Escrow Items no later than the time r for holding and applying the Funds, annually ms, unless Lender pays Borrower interest on the charge. Unless an agreement is made in writing s, Lender shall not be required to pay Borrower der can agree in writing, however, that interest er, without charge, an annual accounting of the efined under RESPA, Lender shall account to If there is a shortage of Funds held in escrow, required by RESPA, and Borrower shall pay to ccordance with RESPA, but in no more than 12 escrow, as defined under RESPA, Lender shall all pay to Lender the amount necessary to make ore than 12 monthly payments. curity Instrument, Lender shall promptly refund Form 3051 1/01 Q /V VMP6(WY) (0803).00 Initials CJ Page 5 of 16 4. Charges; Liens. Borrower shall pay all taxe attributable to the Property which can attain priority ove ground rents on the Property, if any, and Community Ass the extent that these items are Escrow Items, Borrower s Borrower shall promptly discharge any lien which Borrower: (a) agrees in writing to the payment of the obli to Lender, but only so long as Borrower is performing s by, or defends against enforcement of the lien in, legal prevent the enforcement of the lien while those proceedi are concluded; or (c) secures from the holder of the lien the lien to this Security Instrument. If Lender determines th can attain priority over this Security Instrument, Lender Within 10 days of the date on which that notice is give more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time reporting service used by Lender in connection with this 5. Property Insurance. Borrower shall keep the i the Property insured against loss by fire, hazards includ other hazards including, but not limited to, earthquakes This insurance shall be maintained in the amounts (incl Lender requires. What Lender requires pursuant to the p the Loan. The insurance carrier providing the insurance right to disapprove Borrower's choice, which right sh require Borrower to pay, in connection with this Loa determination, certification and tracking services; or (b) and certification services and subsequent charges each reasonably might affect such determination or certifica payment of any fees imposed by the Federal Emergen review of any flood zone determination resulting from an If Borrower fails to maintain any of the coverage coverage, at Lender's option and Borrower's expense. particular type or amount of coverage. Therefore, such c not protect Borrower, Borrower's equity in the Property, hazard or liability and might provide greater or lesser c acknowledges that the cost of the insurance coverage so insurance that Borrower could have obtained. Any amou become additional debt of Borrower secured by this Secu at the Note rate from the date of disbursement and shall Lender to Borrower requesting payment. All insurance policies required by Lender and rene right to disapprove such policies, shall include a stand mortgagee and/or as an additional loss payee. Lender sha certificates. If Lender requires, Borrower shall promptly renewal notices. If Borrower obtains any form of insura WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT VMP® Wolters Kluwer Financial Services .r 11 assessments, charges, fines, and impositions this Security Instrument, leasehold payments or ciation Dues, Fees, and Assessments, if any. To 11 pay them in the manner provided in Section 3. as priority over this Security Instrument unless ation secured by the lien in a manner acceptable h agreement; (b) contests the lien in good faith oceedings which in Lender's opinion operate to gs are pending, but only until such proceedings agreement satisfactory to Lender subordinating any part of the Property is subject to a lien which ay give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or harge for a real estate tax verification and /or oan. S rovements now existing or hereafter erected on within the term "extended coverage," and any d floods, for which Lender requires insurance. ding deductible levels) and for the periods that ceding sentences can change during the term of hall be chosen by Borrower subject to Lender's 11 not be exercised unreasonably. Lender may either: (a) a one -time charge for flood zone a one -time charge for flood zone determination e remappings or similar changes occur which on. Borrower shall also be responsible for the y Management Agency in connection with the bjection by Borrower. described above, Lender may obtain insurance ender is under no obligation to purchase any verage shall cover Lender, but might or might r the contents of the Property, against any risk, verage than was previously in effect. Borrower obtained might significantly exceed the cost of s disbursed by Lender under this Section 5 shall ty Instrument. These amounts shall bear interest e payable, with such interest, upon notice from als of such policies shall be subject to Lender's rd mortgage clause, and shall name Lender as 1 have the right to hold the policies and renewal ive to Lender all receipts of paid premiums and ce coverage, not otherwise required by Lender, InitialaA r Form 3051 1/01 VMP6(WY) (0803).00 Page 6 of 16 0848 for damage to, or destruction of, the Property, such po :i'y shall include a standard mortgage clause and shall name Lender as mortgagee and /or as an additional c ss payee. In the event of loss, Borrower shall give prompt n :ice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borro er. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the derlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the 1estoration or repair is economically feasible and Lender's security is not lessened. During such repair an restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an o portunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, pr 'Tided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs d restoration in a single payment or in a series of progress payments as the work is completed. Unless a agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, nder shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for pubFc adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. 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 Lenth: may negotiate and settle the claim The 30 -day period will begin when the notice is given. In either rent, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's contro_. 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 Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restora /inn is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid ther deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insu nce or condemnation proceeds are not sufficient WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT VMP Wolters Kluwer Financial Services Form 3051 1/01 VMP6(WY) (0803).00 Initials O Page 7 of 16 0849 to repair or restore the Property, Borrower is not reliev such repair or restoration. Lender or its agent may make reasonable entries reasonable cause, Lender may inspect the interior of the Borrower notice at the time of or prior to such an interio 8. Borrower's Loan Application. Borrower sha process, Borrower or any persons or entities acting a knowledge or consent gave materially false, misleading, (or failed to provide Lender with material inform representations include, but are not limited to, represe Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Propert (a) Borrower fails to perform the covenants and agreeme is a legal proceeding that might significantly affect Len this Security Instrument (such as a proceeding in bankru enforcement of a lien which may attain priority over regulations), or (c) Borrower has abandoned the Proper reasonable or appropriate to protect Lender's interest Instrument, including protecting and /or assessing the val the Property. Lender's actions can include, but are not which has priority over this Security Instrument; (b) attorneys' fees to protect its interest in the Property and/ its secured position in a bankruptcy proceeding. Secur entering the Property to make repairs, change locks, re from pipes, eliminate building or other code violations on or off. Although Lender may take action under this S under any duty or obligation to do so. It is agreed that actions authorized under this Section 9. Any amounts disbursed by Lender under this Sec secured by this Security Instrument These amounts sha disbursement and shall be payable, with such interest, payment. If this Security Instrument is on a leasehold, Borr lease. If Borrower acquires fee title to the Property, the Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mort Borrower shall pay the premiums required to maintain th the Mortgage Insurance coverage required by Lender cea previously provided such insurance and Borrower was toward the premiums for Mortgage Insurance, Borro coverage substantially equivalent to the Mortgage Insu equivalent to the cost to Borrower of the Mortgage I WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT VMPO Wolters Kluwer Financial Services II P I 1 of Borrower's obligation for the completion of pon and inspections of the Property. If it has �provements on the Property. Lender shall give inspection specifying such reasonable cause. be in default if, during the Loan application the direction of Borrower or with Borrower's r inaccurate information or statements to Lender ion) in connection with the Loan. Material ations concerning Borrower's occupancy of the and Rights Under this Security Instrument. If s contained in this Security Instrument, (b) there er's interest in the Property and/or rights under cy, probate, for condemnation or forfeiture, for 's Security Instrument or to enforce laws or then Lender may do and pay for whatever is n the Property and rights under this Security e of the Property, and securing and /or repairing Ilf ited to: (a) paying any sums secured by a lien ppearing in court; and (c) paying reasonable rights under this Security Instrument, including g the Property includes, but is not limited to, ce or board up doors and windows, drain water dangerous conditions, and have utilities turned tion 9, Lender does not have to do so and is not nder incurs no liability for not taking any or all on 9 shall become additional debt of Borrower bear interest at the Note rate from the date of on notice from Lender to Borrower requesting wer shall comply with all the provisions of the easehold and the fee title shall not merge unless ge Insurance as a condition of making the Loan, Mortgage Insurance in effect. If, for any reason, es to be available from the mortgage insurer that quired to make separately designated payments er shall pay the premiums required to obtain nce previously in effect, at a cost substantially surance previously in effect, from an alternate Initials' 04 Form 3051 1/01 VMP6(WY) (0803).00 Page 8 of 16 0850 mortgage insurer selected by Lender. If substantially available, Borrower shall continue to pay to Lender the were due when the insurance coverage ceased to be i payments as a non refundable loss reserve in lieu of non refundable, notwithstanding the fact that the Loan required to pay Borrower any interest or earnings on su reserve payments if Mortgage Insurance coverage (in th provided by an insurer selected by Lender again bec separately designated payments toward the premiums for Insurance as a condition of making the Loan and Borr equivalent Mortgage Insurance coverage is not mount of the separately designated payments that ,tffect. Lender will accept, use and retain these ortgage Insurance. Such loss reserve shall be ultimately paid in full, and Lender shall not be h loss reserve. Lender can no longer require loss amount and for the period that Lender requires) mes available, is obtained, and Lender requires Mortgage Insurance. If Lender required Mortgage -ver was required to make separately designated payments toward the premiums for Mortgage Insuranc.t Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until terminatio i is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest zr t the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or mo i_fy their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mo tgage insurer to make payments using any source of funds that the mortgage insurer may have available (wiich may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of tat insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the right Borrower has if any with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and /or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. 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 shall L1 ve the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Pmerty to ensure the work has been completed to Lender's satisfaction, provided that such inspection shal pe undertaken promptly. Lender may pay for the WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT 7 Form 3051 1/01 VMPS rJ C,, VMP6(WYI (0803).00 Wolters Kluwer Financial Services Initials' Page 9 of 16 0851 repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not conomically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied `o 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 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 :n value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced py the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amot nt 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 _n value of the Property in which the fair market value of the Property immediately before the partial tak 1g, destruction, or loss in value is less than the amount of the sums secured immediately before the parial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Mia-ellaneous Proceeds shall be applied 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 to respond to Lender within 30 days after he date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to t.0 impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied t) restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Le nder 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 Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall _ot be required to commence proceedings against WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT VMPO Wolters Kluwer Financial Services Initials* Form 3051 1/01 O VMP6(WY) (0603).00 Page 10 of 16 0852 any Successor in Interest of Borrower or to refuse tc amortization of the sums secured by this Security Instrum Borrower or any Successors in Interest of Borrower. Any remedy including, without limitation, Lender's accept_ Successors in Interest of Borrower or in amounts less th preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Succ and agrees that Borrower's obligations and liability shall b co -signs this Security Instrument but does not execute Security Instrument only to mortgage, grant and convey terms of this Security Instrument; (b) is not personally c Instrument; and (c) agrees that Lender and any other 13 make any accommodations with regard to the terms of co- signer's consent. Subject to the provisions of Section 18, any Su Borrower's obligations under this Security Instrument in all of Borrower's rights and benefits under this Security Borrower's obligations and liability under this Security 1 writing. The covenants and agreements of this Securit Section 20) and benefit the successors and assigns of Len 14. Loan Charges. Lender may charge Borrowei Borrower's default, for the purpose of protecting Lend Security Instrument, including, but not limited to, attorn. In regard to any other fees, the absence of express authori fee to Borrower shall not be construed as a prohibition on fees that are expressly prohibited by this Security Instrum If the Loan is subject to a law which sets maximum 1 that the interest or other loan charges collected or to be permitted limits, then: (a) any such loan charge shall b° charge to the permitted limit; and (b) any sums already limits will be refunded to Borrower. Lender may choose to under the Note or by making a direct payment to Borrc will be treated as a partial prepayment without any pr charge is provided for under the Note) Borrower's accept. Borrower will constitute a waiver of any right of action Bo 15. Notices. All notices given by Borrower or Le must be in writing. Any notice to Borrower in connectio have been given to Borrower when mailed by first clas notice address if sent by other means. Notice to any one unless Applicable Law expressly requires otherwise. T unless Borrower has designated a substitute notice addre notify Lender of Borrower's change of address. If Lenc WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT VMP Wolters Kluwer Financial Services extend time for payment or otherwise modify i t by reason of any demand made by the original orbearance by Lender in exercising any right or ce of payments from third persons, entities or the amount then due, shall not be a waiver of or ssors and Assigns Bound. Borrower covenants joint and several. However, any Borrower who e Note (a "co- signer (a) is co- signing this e co- signer's interest in the Property under the ligated to pay the sums secured by this Security rower can agree to extend, modify, forbear or is Security Instrument or the Note without the cessor in Interest of Borrower who assumes riting, and is approved by Lender, shall obtain nstrument. Borrower shall not be released from trument unless Lender agrees to such release in Instrument shall bind (except as provided in er. fees for services performed in connection with 's interest in the Property and rights under this ys' fees, property inspection and valuation fees. y in this Security Instrument to charge a specific the charging of such fee. Lender may not charge nt or by Applicable Law. an charges, and that law is finally interpreted so ollected in connection with the Loan exceed the reduced by the amount necessary to reduce the lected from Borrower which exceeded permitted make this refund by reducing the principal owed er. If a refund reduces principal, the reduction payment charge (whether or not a prepayment ce of any such refund made by direct payment to ower might have arising out of such overcharge. der in connection with this Security Instrument with this Security Instrument shall be deemed to mail or when actually delivered to Borrower's orrower shall constitute notice to all Borrowers e notice address shall be the Property Address s by notice to Lender. Borrower shall promptly r specifies a procedure for reporting Borrower's Initials Form 3051 1/01 VMP6(WY) (0803).00 Page 11 of 16 0853 change of address, then Borrower shall only report a ch There may be only one designated notice address unde notice to Lender shall be given by delivering it or by stated herein unless Lender has designated another a connection with this Security Instrument shall not be de received by Lender. If any notice required by this Secu Law, the Applicable Law requirement will satisfy the Instrument. 16. Governing Law; Severability; Rules of C governed by federal law and the law of the jurisdiction obligations contained in this Security Instrument are Applicable Law. Applicable Law might explicitly or im might be silent, but such silence shall not be construed the event that any provision or clause of this Security Law, such conflict shall not affect other provisions of t given effect without the conflicting provision. As used in this Security Instrument: (a) words o corresponding neuter words or words of the feminine g include the plural and vice versa; and (c) the word "ma take any action. 17. Borrower's Copy. Borrower shall be given one 18. Transfer of the Property or a Beneficial In "Interest in the Property" means any legal or beneficial i to, those beneficial interests transferred in a bond for de escrow agreement, the intent of which is the transfer of t If all or any part of the Property or any Interest in is not a natural person and a beneficial interest in Borro written consent, Lender may require immediate paym Instrument. However, this option shall not be exercis Applicable Law. If Lender exercises this option, Lender shall give provide a period of not less than 30 days from the date within which Borrower must pay all sums secured by these sums prior to the expiration of this period, Len Security Instrument without further notice or demand on 19. Borrower's Right to Reinstate After Acce Borrower shall have the right to have enforcement of prior to the earliest of: (a) five days before sale of the Pr this Security Instrument; (b) such other period as Appl Borrower's right to reinstate; or (c) entry of a judg conditions are that Borrower: (a) pays Lender all sum Instrument and the Note as if no accelerationhad occurr WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT VMP Wolters Kluwer Financial Services 111 11 :I II I I .I a ge of address through that specified procedure. this Security Instrument at any one time Any ailing it by first class mail to Lender's address dress by notice to Borrower. Any notice in ed to have been given to Lender until actually ty Instrument is also required under Applicable corresponding requirement under this Security struction. This Security Instrument shall be n which the Property is located. All rights and bject to any requirements and limitations of citly allow the parties to agree by contract or it a prohibition against agreement by contract. In strument or the Note conflicts with Applicable s Security Instrument or the Note which can be the masculine gender shall mean and include nder; (b) words in the singular shall mean and gives sole discretion without any obligation to opy of the Note and of this Security Instrument. rest in Borrower. As used in this Section 18, terest in the Property, including, but not limited contract for deed, installment sales contract or le by Borrower at a future date to a purchaser. e Property is sold or transferred (or if Borrower f er is sold or transferred) without Lender's prior t in full of all sums secured by this Security i d by Lender if such exercise is prohibited by orrower notice of acceleration. The notice shall e notice is given in accordance with Section 15 s Security Instrument. If Borrower fails to pay d er may invoke any remedies permitted by this r' orrower. ration. If Borrower meets certain conditions, is Security Instrument discontinued at any time perty pursuant to any power of sale contained in cable Law might specify for the termination of I ent enforcing this Security Instrument. Those which then would be due under this Security (b) cures any default of any other covenants or Form 3061 1/01 0A At �7 I VMP6(WY) (0803).00 Initials I1 Page 12 of 16 0854 agreements; (c) pays all expenses incurred in enforcing is T s 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 to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Se�urity Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the ent.ty (known as the "Loan Servicer that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the ell nge which will state the name and address of the new Loan Servicer, the address to which payments shoild be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party hE.s breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Se; :ion 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must ell r se before certain action can be taken, that time period will be deemed to be reasonable for purposes c f this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Se:.:ion 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to sati$fy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Se :ion 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, po:latants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flamm, ble or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing as3 or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws o. the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means condition that can cause, contribute tc or otherwise trigger an Environmental Cleanup. WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 VMP® Initials: VMP6(WY) (0803).00 Wolters Kluwer Financial Services Page 13 of 16 0855 Borrower shall not cause or permit the presence, us Substances, or threaten to release any Hazardous Substan nor allow anyone else to do, anything affecting the Prop Law, (b) which creates an Environmental Condition, or Hazardous Substance, creates a condition that adversely two sentences shall not apply to the presence, use, or Hazardous Substances that are generally recognized to maintenance of the Property (including, but not limited t Borrower shall promptly give Lender written notic or other action by any governmental or regulatory agenc Hazardous Substance or Environmental Law of w Environmental Condition, including but not limited to, a release of any Hazardous Substance, and (c) any condi Hazardous Substance which adversely affects the value o by any governmental or regulatory authority, or any pri of any Hazardous Substance affecting the Property is nec remedial actions in accordance with Environmental La Lender for an Environmental Cleanup. NON UNIFORM COVENANTS. Borrower and Le 22. Acceleration; Remedies. Lender shall give no Borrower's breach of any covenant or agreement i acceleration under Section 18 unless Applicable Law p the default; (b) the action required to cure the default• the notice is given to Borrower, by which the default default on or before the date specified in the notice m this Security Instrument and sale of the Property. T right to reinstate after acceleration and the right to br a default or any other defense of Borrower to acceler before the date specified in the notice, Lender at its o all sums secured by this Security Instrument without sale and any other remedies permitted by Applicabl expenses incurred in pursuing the remedies provided i reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shal and to the person in possession of the Property, if Lender shall give notice of the sale to Borrower in th publish the notice of sale, and the Property shall be Law. Lender or its designee may purchase the Proper applied in the following order: (a) to all expenses of th attorneys' fees; (b) to all sums secured by this Securi or persons legally entitled to it. 23. Release. Upon payment of all sums secured by Security Instrument. Borrower shall pay any recordatio WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT VMP® Wolters Kluwer Financial Services disposal, storage, or release of any Hazardous s, on or in the Property. Borrower shall not do, rty (a) that is in violation of any Environmental which, due to the presence, use, or release of a ffects the value of the Property. The preceding storage on the Property of small quantities of e appropriate to normal residential uses and to hazardous substances in consumer products). of (a) any investigation, claim, demand, lawsuit or private party involving the Property and any h Borrower has actual knowledge, (b) any spilling, leaking, discharge, release or threat of on caused by the presence, use or release of a the Property. If Borrower learns, or is notified to party, that any removal or other remediation sary, Borrower shall promptly take all necessary Nothing herein shall create any obligation on der further covenant and agree as follows: ce to Borrower prior to acceleration following this Security Instrument (but not prior to ovides otherwise). The notice shall specify: (a) (c) a date, not less than 30 days from the date ust be cured; and (d) that failure to cure the result in acceleration of the sums secured by notice shall further inform Borrower of the g a court action to assert the non existence of on and sale. If the default is not cured on or ion may require immediate payment in full of urther demand and may invoke the power of Law. Lender shall be entitled to collect all this Section 22, including, but not limited to, give notice of intent to foreclose to Borrower fferent, in accordance with Applicable Law. manner provided in Section 15. Lender shall sold in the manner prescribed by Applicable at any sale. The proceeds of the sale shall be sale, including, but not limited to, reasonable Instrument; and (c) any excess to the person 's Security Instrument, Lender shall release this costs. Lender may charge Borrower a fee for Initials Form 3051 1/01 VMP6(WY) (0603).00 Page 14 of 16 0856 releasing this Security Instrument, but only if the fee is p yid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrow and recorded with it. Witnesses: (Seal) Borrower (Seal) Borrower (Seal) Borrower WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT VMP® Wolters Kluwer Financial Services CRAIG Al O'BRIEN URA P O'BRIEN (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower Form 3051 1/01 MP6(WY) (0803).00 Initials /'1�J v� v Page 15 of 16 STATE OF WYOMING, This instrument was acknowledged before me on by CRAIG A O'BRIEN LAURA P O'BRIEN My Commission Expires: cr i q 20144- WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT VMP® Wolters Kluwer Financial Services CIS Nota U1ic Title and Rank) County ss: Form 3051 1/01 /VMP6(WY) (08031.00 Initial d Page 16 of 16 0858 Borrower Name: CRAIG A 0' BRIEN Property Address: 1610 N SUNLIGHT DRIVE KELRER, WY 83101 Property Description: PLEASE ATTACH LEGAL DESCRIPTION -4034 (9901).01 LEGAL DESCRIPTIO Lot 7 L 3 of the Rolling Hill Kemmerer, Lincoln County, Wyom plat thereof, together with all appurtenances thereon situate or in a VMP MORTGAGE FORMS N OF PROPERTY 800)52 -7291 Date: 07/17/13 First Addition to the City of ing as described on the official buildings, improvements and nyw ise appertaining thereto 1 /99 0859