Loading...
HomeMy WebLinkAbout97206807/10/2013 WED 11:51 FAX 307 638 4201 WyHy Cheyenne After Recording Return To: WyHy Federal Credit Union P.O. Box 20050 Cheyenne, WY 82003 DEFINITIONS RECEIVED 7/ 8/2013 at 9:27 AM RECEIVINe 972068 BOOK: 815 PAGE: 886 JEA NE WAGNER LINCOLN COUN CLERK, KEMMERER, WY [Space Above This Line Fo Recording Data CA E MORTG (OPEN -END CREDIT THIS MORTGAGE SECURES FUTURE ADVANCES) Words used in multiple sections of this document are .efined below and other words are defined in Sections 6, 8, 13, and 15. Certain rules regarding the sage of words used In this document are also provided in Section 11. (A) "Security Instrument" means this document, which is dated 07/10/2013 together with all Riders to this document. (8) "Borrower" is DONALD L. OLIVER AND MICHELLE M. OLIVER, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES Borrower Is the mortgagor under thls Security Inatrume t. (C) "Lender" Is WyHy Federal Credit Union, Federally C rtered Credit Union Lender is a Federal Credit Union organized and existing under the laws of The United States of America Lender's address is P.O. Box 20050, Cheyenne, WY 820 3 Lender is the mortgagee under this Security Instrument. (D) "Agreement' means the signed by Borrower and dated 07/10/2013 Borrower may, from time to time, obtain advances riot Maximum Credit Limit (as defined therein) of One Hundred Flfty -Four Thousand and 001100 Dollars (U.S, 154000.00 plus inte regular Periodic Payments and to pay the debt in full no (E) "Property" means the property that is described the Property (F) "Loan" means the debt evidenced by the Agreeme and charges due under the Agreement, and all sums du (3) "Applicable Law" means all controlling applicabl ordinances and administrative rules and orders (that h final, non appealable judicial opinions. The Agreement states that o exceed at any time, an amount equal to the est. Borrower has promised to pay this debt in later than 0711612028 low under the heading "Transfer of Rights in t, plus interest, any late charges or other fees under thls Security Instrument, plus interest. federal, state and local statutes, regulations, ve the effect of law) as well as all applicable (page 1 of 9) IQ 009/024 0886 07/10/2013 WED 11:51 Fax 307 638 4201 WyHy Cheyenne (H) "Community Association Dues, Fees, and Ass and other charges that are imposed on Borrower or homeowners association or similar organization. (I) "Electronic Funds Transfer" means any transfer o check, draft, or similar paper instrument, which is lnitia Instrument, computer, or magnetic tape so as to order, debit or credit an aocount. Such term includes, but is n teller machine transactions, transfers initiated by clearinghouse transfers. (J) "Miscellaneous Proceeds" means any compe proceeds paid by any third party (other than insurance in Section 3) for: (1) damage to, or destruction of, the P or any part of the Property; (iii) conveyance in lieu of c omissions as to, the value and/or condition of the Prope (K) "Periodic Payment" means the regularly schedul the Agreement. (L) "Successor In Interest of Borrower" means a whether or not that party has assumed Borrower's Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the extensions and modifications of the Agreement and (ii) agreements under this Security Instrument and the hereby mortgage, grant and convey to Lender, with p located in the County o [Type of Recording Jurisdiction] LOT 68 OF NORDIC RANCHES NO. 6, LINCOLN COUNTY, WYOM AS INSTRUMENT NO. 797904 OF THE RECORDS OF THE LINCO which currently has the address of 94 BINDLE TRAIL ALPINE Wyo [City] ments" means all dues, fees, assessments e Property by a condominium association, funds, other than a transaction originated by ed through an electronic terminal, telephonic instruct, or authorize a financial institution to limited to, point -of -sale transfers, automated elephone, wire transfers, and automated sation, settlement, award of damages, or roceeds paid under the coverages described party; (11) condemnation or other taking of all ndemnation; or y. (iv) misrepresentations of, or d amount due for principal and interest under principal party that has taken title to the Property, bligations under the Agreement and /or thls repayment of the Loan, and all renewals, he performance of Borrower's covenants and reement. For this purpose, Borrower does wer of sale, the following described property LINCOLN (Name of Recording Jurisdiction] NG AS DESCRIBED ON THE OFFICIAL PLAT FILED ON AUGUST 9, 199 N COUNTY CLERK. [Street] ing 83128 "Property Address [Zip Code] (page 2 of 9) U010/024 0887 07/10/2013 WED 11:51 Fax 307 638 4201 WyHy Cheyenne (011/024 TOGETHER WITH all the improvements now o hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereaf =r a part of the property. All replacements and additions shall also be covered by this Security instru ent. All of the foregoing is referred to in this Security Instrument as the "Property BORROWER COVENANTS that Borrower is lawfu ly seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Pro .erty and that the Property is unencumbered, except for encumbrances of record. Borrower warra is and will defend generally the title to the Property against all claims and demands, subject to an encumbrances of record. Borrower and Lender covenant and agree as follow-: 1. Payment of Principal, Interest, Late Charges or other Fees and Charges. Borrower shall pay when due the principal of, and interest on, the deb owed under the Agreement and late charges or other fees and charges due under the Agreement. Payments due under the Agreement and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Agreement o this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequen payments due under the Agreement and this Security Instrument be made in one or more of the foil wing forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, tree urer's check or cashier's check, provided any such check is drawn upon an institution whose eposits are Insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Trans r. Payments are deemed received by Lender whe received at the location designated in the Agreement or at such other location as may be deslg ated by Lender in accordance with the notice provisions in Section 10. Lender may return any paym -nt or partial payment if the payment or partial payments are insufficient to bring the Loan current. If Borrower has breached any covenant or agreement in this Security Instrument and Lender as accelerated the obligations of Borrower hereunder pursuant to Section 16 then Lender may acc-pt any payment or partial payment insufficient to bring the Loan current, without waiver of any right: hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Le der is not obligated to apply such payments at the time such payments are accepted. If each Periodi Payment is applied as of Its scheduled due date, then Lender need not pay interest on unapplled unds. Lender may hold such unapplled funds until Borrower makes payment to bring the Loan o Trent. If Borrower does not do so within a reasonable period of time, Lender shall either apply uch funds or return them to Borrower. If not applied earlier, such funds will be applied to the outs .:nding principal balance under the Agreement immediately prior to foreclosure. No offset or claim ich Borrower might have now or In the future against Lender shall relieve Borrower from making .ayments due under the Agreement and this Security Instrument or performing the covenants and a! reements secured by this Security Instrument. 2. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and Impositions attributable to the Property which can attain priority ov this Security Instrument, leasehold payments or ground rents on the Property, if any, and Commute Association Dues, Fees, and Assessments, If any. Borrower shall promptly discharge any lien which he priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of th obligation secured by the lien In a manner acceptable to Lender, but only so tong as Borrower i= performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secu =s from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can ettai priority over this Security instrument, Lender may give Borrower a notice identifying the lien. Withi 10 days of the date on which ;that notice is given, Borrower shall satisfy the lien or take one or mo of the actions set forth above in this Section 2. 3. Property Insurance. Borrower shall keep the i provements now existing or hereafter erected on the Property insured against loss by fire, hazards ncluded within the term "extended coverage," and any other hazards including, but not limited to, ea hquakes and floods, for which Lender requires Insurance. This Insurance shall be maintained in the a aunts (including deductible levels) and for the 0888 07/10/2013 WED 11:52 FAX 307 638 4201 WyHy Cheyenne periods that Lender requires. What Lender requires pur during the term of the Loan. The insurance carrier Borrower subject to Lenders right to disapprove Borr unreasonably. Borrower shall be responsible for the Emergency Management Agency in connection with resulting from an objection by Borrower. if Borrower fails to maintain any of the coverages d coverage, at Lender's option and Borrowers expense. particular type or amount of coverage. Therefore, su might not protect Borrower, Borrowers equity in the Pr any risk, hazard or liability and might provide greater or Borrower acknowledges that the cost of the insuran exceed the cost of insurance that Borrower could hay under this Section 3 shell become additional debt of These amounts shall bear interest at the rate chargeab date of disbursement and shall be payable, with such requesting payment. All insurance policies required by Lender and renew right to disapprove such policies, shall include a standa mortgagee and /or as an additional loss payee. Lende renewal certificates. If Lender requires, Borrower shat premiums and renewal notices. If Borrower obtains a required by Lender, for damage to, or destruction of, th mortgage clause and shall name Lender as mortgagee In the event of loss, Borrower shall glve prompt not may make proof of loss if not made promptly by Borr agree in writing, any insurance proceeds, whether or Lender, shall be applied to restoration or repair of economically feasible and Lender's security is not lesse Lender shall have the right to hold such Insurance pr inspect such Property to ensure the work has been co such inspection shall be undertaken promptly. Lends restoration in a single payment or in a series of progre an agreement is made in writing or Applicable Law r proceeds, Lender shall not be required to pay Borrow Fees for public adjusters, or other third parties, retai insurance proceeds and shall be the sole obligation economically feasible or Lender's security would be les to the sums secured by this Security Instrument, wheth to Borrower. If Borrower abandons the Property, Lender may fiI claim and related matters. If Borrower does not respo the insurance carrier has offered to settle a claim, th The 30-day period will begin when the notice is giv Property under Section 16 or otherwise, Borrower he any insurance proceeds in an amount not to exceed th Security Instrument, and (b) any other of Borrowers unearned premiums paid by Borrower) under all insur such rights are applicable to the coverage of the Pro either to repair or restore the Property or to pay amou Instrument, whether or not then due. 4. Preservation, Maintenance and Protection of destroy, damage or impair the Property, allow the P Property. Whether or not Borrower is residing in the P order to prevent the Property from deteriorating or d determined pursuant to Section 3 that repair or restore uant to the preceding sentences can change roviding the insurance shall be chosen by errs choice, which right shall not be exercised yment of any fees imposed by the Federal the review of any flood zone determination scribed above, Lender may obtain insurance ender Is under no obligation to purchase any coverage shall oover Lender, but might or perty, or the contents of the Property, against lesser coverage than was previously in effect. coverage so obtained might significantly obtained. Any amounts disbursed by Lender rrower secured by this Security Instrument. for advances under the Agreement from the Merest, upon notice from Lender to Borrower Is of such policies shall be subject to Lender's d mortgage clause, and shall name Lender as shall have the right to hold the policies and promptly give to Lender all receipts of paid form of insurance coverage, not otherwise Property, such policy shall Include a standard nd /or as an additional loss payee. e to the insurance carrier and Lender. Lender wer. Unless Lender and Borrower otherwise of the underlying Insurance was required by the Property, if the restoration or repair is ed. During such repair and restoration period, ceeds until Lender has had an opportunity to pleted to Lender's satisfaction, provided that may disburse proceeds for the repairs and s payments as the work is completed. Unless quires interest to be paid on such Insurance r any interest or earnings on such proceeds. ed by Borrower shall not be paid out of the f Borrower. If the restoration or repair is not ened, the insurance proceeds shall be applied r or not then due, with the excess, If any, paid negotiate and settle any available insurance d within 30 days to a notice from Lender that n Lender may negotiate and settle the claim. n. In either event, or if Lender acquires the by assigns to Lender (a) Borrower's rights to amounts unpaid under the Agreement or this rights (other than the right to any refund of nce policies covering the Property, insofar as erty. Lender may use the insurance proceeds unpaid under the Agreement or this Security he Property; Inspections. Borrower shall not perty to deteriorate or commit waste on the perty, Borrower shall maintain the Property in asing in value due to its condition. Unless it is ion Is not economically feasible, Borrower shall (page 4 of 0) e0012/024 0889 07/10/201d WED 11152 FAX 307 638 4201 wyay cneyenne I /VZe promptly repair the Property if damaged to avoid furt condemnation proceeds are paid in connection with Borrower shall be responsible for repairing or restori proceeds for such purposes. Lender may disburse pr payment or in a series of progress payments as condemnation proceeds are not sufficient to repair or r Borrower's obligation for the completion of such repair o Lender or its agent may make reasonable entries reasonable cause, Lender may Inspect the interior of th give Borrower notice at the time of or prior to such an cause. 6. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If: (a) Borrower fails to perform the covenants and ag ements contained in this Security Instrument; (b) there is a legal proceeding that might significantly =ffect Lender's interest In the Property and /or rights under this Security Instrument (such as a procee•ing in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may at in priority over thls Security Instrument or to enforce laws or regulations); or (c) Borrower has aba •oned the Property, then Lender may do and pay for whatever is reasonable or appropriate to prot- t Lender's Interest in the Property and rights under this Security Instrument, including protecting an /or assessing the value of the Property, and securing and /or repairing the Property. Lender's action can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this ecurity Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its in -rest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, el minate building or other code violations or dangerous conditions, and have utilities turned on or o Although Lender may take action under thls Section 5, Lender does not have to do so and is not un er any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all ac ons authorized under this Section 5. Any amounts disbursed by Lender under this Secti n 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts s all bear interest at the Note rate from the date of disbursement and shall be payable, with such in =rest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borro er shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, t e leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 6. Assignment of Miscellaneous Proceeds; Forf =1ture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Prope y is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Prope if the restoration or repair is economically feasible and Lender's security is not lessened. During uch repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds ntil Lender has had an opportunity to inspect such Property to ensure the work has been complet =d to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as tie work is completed. Unless an agreement is made in writing or Applicable Law requires interest o 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 econo ically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be ap•lied 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 total taking, destruction, or lo in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by thl= 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 to Ing, destruction, or loss in value is equal to or greater than the amount of the sums secured by th s Security instrument immediately before the partial taking, destruction, or loss In value, unless Borr ewer and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be educed by the amount of the Miscellaneous er deterioration or damage. If Insurance or damage to, or the taking of, the Property, g the Property only if Lender has released ds for the repairs and restoration In a single e work is completed. If the Insurance or store the Property, Borrower is not relieved of restoration. pon and inspections of the Property. If it has improvements on the Property. Lender shall Interior inspection specifying such reasonable (page 5 of 5) 0890 07/10/2 WED 11:52 FAX 307 638 4201 wyxy Cheyenne W014 /024 Proceeds multiplied by the following fraction: (a) the to before the partial taking, destruction, or loss In value Property immediately before the partial taking, destruct' to Borrower. In the event of a partial taking, destruction, or loss In value of the Property immediately before the partial taki amount of the sums secured immediately before the pa Borrower and Lender otherwise agree in writing, the Mi sums secured by this Security Instrument whether or not If the Property is abandoned by Borrower, or if, Opposing Party (as defined in the next sentence) o damages, Borrower fails to respond to Lender within 30 is authorized to collect and apply the Miscellaneous P Property or to the sums secured by this Security Inst Party" means the third party that owes Borrower Misce Borrower has a right of action in regard to Miscellaneou Borrower shall be in default if any action or proceed Lender's judgment, could result in forfeiture of the Pro interest in the Property or rights under this Security Ins if acceleration has occurred, reinstate as provided in S to be dismissed with a ruling that, in Lender's judgmen material impairment of Lender's Interest in the Prope proceeds of any award or claim for damages that a interest in the Property are hereby assigned and shall b 7. Borrower Not Released; Forbearance By Len payment or modification of amortization of the sums s Lender to Borrower or any Successor in Interest of Borr Borrower or any Successors in Interest of Borrower. proceedings against any Successor in Interest of Borr otherwise modify amortization of the sums secured demand made by the original Borrower or any Success Lender in exercising any right or remedy including payments from third persons, entities or Successors in the amount then due, shall not be a waiver of or preclud 8. Joint and Several Liability; Co- signers; Succ and agreements of this Security Instrument shall bin Lender and Borrower, subject to the provisions of pars Borrower's obligations and liability shall be joint and sev Security Instrument but is not personally liable under ti this Security Instrument only to mortgage, grant and under the terms.of this Security Instrument; (b) is not p this Seourity Instrument; and (c) agrees that Lender modify, forbear or make any accommodations with reg the Agreement without the co- signer's consent. 9. Loan Charges. Lender may charge Borrower Borrower's default, for the purpose of protecting Lende Security Instrument, Including, but not limited to, attome In regard to any other. Pees, the absence of express a specific fee to Borrower shall not be construed as a pro not charge fees that are expressly prohibited by this Sec If the Loan is subject to a law which sets maximum so that the interest or other loan charges collected o exceed the permitted limits, then; (a) any such loan ch to reduce the charge to the permitted limit; and (b) an exceeded permitted limits will be refunded to Borrows reducing the principal owed under the Agreement I amount of the sums secured immediately divided by (b) the fair market value of the n, or Toss in value. Any balance shall be paid value of the Property in which the fair market destruction, or loss in value Is leas than the ial taking, destruction, or loss In value, unless cellaneous Proceeds shall be applied to the the sums are then due. fter notice by Lender to Borrower that the rs to make an award to settle a claim for ays after the date the notice is given, Lender oceeds either to restoration or repair of the ument, whether or not then due. "Opposing aneous Proceeds or the party against whom Proceeds. ng, whether civil or criminal, is begun that, in rty or other material impairment of Lender's ment. Borrower can cure such a default and, ction 14, by causing the action or proceeding precludes forfeiture of the Property or other or rights under this Security Instrument. The attributable to the impairment of Lender's paid to Lender. er Not a Waiver. Extension of the time for cured by this Security Instrument granted by wer shall not operate to release the liability of Lender shall not be required to commence er or to refuse to extend time for payment or y this Security Instrument by reason of any rs in Interest of Borrower. Any forbearance by without limitation, Lender's acceptance of Interest of Borrower or in amounts less than the exercise of any right or remedy. sora and Assigns Bound. The covenants and benefit the successors and assigns of raph 13. Borrower covenants and agrees that ral. However, any Borrower who co -signs this e Agreement (a "co- signer"): (a) is co- signing nvey the co- signer's interest in the Property rsonaliy obligated to pay the sums secured by nd any other Borrower can agree to extend, rd to the terms of this Security Instrument or es for services performed in connection with s interest In the Property and rights under this s' fees, property inspection and valuation fees. thority In this Security Instrument to charge a ibition on the charging of such fee. Lender may rity Instrument or by Applicable Law. oan charges, and that law is finally interpreted to be collected in connection with the Loan rge shall be reduced by the amount necessary sums already collected from Borrower which Lender may choose to make this refund by r by making a direct payment to Borrower. (pogo B of 9) 0891 07/10/2013 WED 11153 FAX 307 638 4201 wyHy Cheyenne Borrower's acceptance of any such refund made by dire of any right of action Borrower might have arising out of 10. Notices. All notices given by Borrower or Lend must be In writing. Any notice to Borrower in connection to have been given to Borrower when mailed by fi Borrower's notice address If sent by other means. Notic all Borrowers unless Applicable Law expressly require Property Address unless Borrower has designated a Borrower shall promptly notify Lender of Borrower's procedure for reporting Borrower's change of address, address through that specified procedure. There may this Security Instrument at any one time. Any notice t mailing it by first class mail to Lender's address stated address by notice to Borrower. Any notice in connect deemed to have been given to Lender until actually re Security Instrument Is also required under Applicable L the corresponding requirement under this Security Instr 11. Governing Law; Soverability; Rules of Co governed by federal law and the law of the jurisdiction obligations contained in this Security Instrument are s Applicable Law. Applicable Law might explicitly or ImpII might be silent, but such silence shall not be cons contract. In the event that any provision or clause conflicts with Applicable Law, such conflict shalt not aff or the Agreement which can be given effect without the As used in this Security Instrument: (a) words of t corresponding neuter words or words of the feminine g include the plural and vice versa; and (c) the word "may take any action. 12. Borrower's Copy. Borrower shall be given one 13. Transfer of the Property or a Beneficial We "Interest in the Property" means any legal or benefic limited to, those beneficial interests transferred in a bon contract or escrow agreement, the intent of which is th a purchaser. If all or any part of the Property or any Interest in th is not a natural person and a beneficial interest in Bo prior written consent, Lender may require immediate Securty Instrument. However, this option shall not prohibited by Applicable Law. If Lender exercises this option, Lender shall give B provide a period of not Tess than 30 days from the date 10 within which Borrower must pay all sums secured pay these sums prior to the expiration of this period, this Security Instrument without further notice or deman 14. Borrower's Right to Reinstate After Accel Borrower shall have the right to have enforcement of th prior to the earliest of: (a) five days before sale of contained in this Security Instrument; (b) such other termination of Borrower's right to reinstate; or (0) Instrument. Those conditions are that Borrower. (a) p under this Security Instrument and the Agreement as default of any other covenants or agreements; (c) pays Instrument, Including, but not limited to, reasonable att fees, and other fees Incurred for the purpose of prote under this Security Instrument; and (d) takes such ace t payment to Borrower will constitute a waiver uch overcharge. r in connection with this Security Instrument with this Security Instrument shall be deemed t class mail or when actually delivered to to any one Borrower shall constitute notice to otherwise. The notice address shall be the bstitute notice address by notice to Lender. change of address. If Lender specifies a then Borrower shall only report a change of e only one designated notice address under Lender shall be given by delivering it or by herein unless Lender has designated another n with this Security Instrument shall not be ived by Lender. If any notice required by this w, the Applicable Law requirement will satisfy ment. tructlon. This Security Instrument shall be n which the Property is located. All rights and bject to any requirements and limitations of Itty allow the parties to agree by contract or it ued as a prohibition against agreement by this Security Instrument or the Agreement ct other provisions of this Security Instrument nflicting provision. e masculine gender shall mean and include nder; (b) words in the singular shall mean and gives sole discretion without any obligation to ivy of this Security Instrument. est In Borrower. As used in this Section 13, al interest in the Property, including, but not for deed, contract for deed, installment sales transfer of title by Borrower at a future date to Property Is sold or transferred (or if Borrower rower is sold or transferred) without Lender's payment In full of all sums secured by this e exercised by Lender if such exercise is rrower notice of acceleration. The notice shall the notice is given in accordance with Section y this Security Instrument. If Borrower fails to ender may invoke any remedies permitted by on Borrower. ration. If Borrower meets certain conditions, s Security Instrument discontinued at any time the Property pursuant to any power of sale eriod as Applicable Law might specify for the ntry of a judgment enforcing this Security ys Lender all sums which than would be due 1 no acceleration had occurred; (b) cures any I II expenses incurred in enforcing this Security rneys' fees, property Inspection and valuation ing Lender's interest In the Property and rights n as Lender may reasonably require to assure (pa®e 7 of 9) 1®015/024 0892 07/10/2013 WED 11:53 Fax 307 638 4201 WyHy Cheyenne that Lender's interest in the Property and rights and obligation to pay the sums secured by this Security Ins require that Borrower pay such reinstatement sums a forms, as selected by Lender: (a) cash; (b) money ord check or cashier's check, provided any such check is insured by a federal agency, instrumentality or enti reinstatement by Borrower, this Security Instrument an effective as if no acceleration had occurred. However, t of acceleration under Section 13. 16. Hazardous Substances. As used in this Secti substances defined as toxic or hazardous substances and the following substances: gasoline, kerosene, oche pesticides and herbicides, volatile Solvents, material radioactive materials; (b) "Environmental Law" means f the Property is located that relate to health, safety or Cleanup" includes any response action, remedial Environmental Law; and (d) an "Environmental Co contribute to, or otherwise trigger an Environmental Cie Borrower shall not cause or permit the presenc Hazardous Substances, or threaten to release any H Borrower shall not do, nor allow anyone else to do, violation of any Environmental Law; (b) which creates a the presence, use, or release of a Hazardous Subeta the value of the Property. The preceding two senten storage on the Property of small quantities of Hazardou be appropriate to normal residential uses and to ma ntenance of the Property (including, but not limited to, hazardous substances In consumer products) Borrower shall promptly give Lender written notice o or other action by any governmental or regulatory age any Hazardous Substance or Environmental Law of w Environmental Condition, including but not limited to, a of release of any Hazardous Substance; and (c) any co of a Hazardous Substance which adversely affects the notified by any governmental or regulatory authority, o remediation of any Hazardous Substance affecting the take all necessary remedial actions in accordance create any obligation on Lender for an Environmental CI 16. Acceleration; Remedies. Lender shall give following Borrower's breach of any covenant or acceleration Is permitted (but not prior to accelerate provides otherwise). The notice shall specify: (a) th default; (a) a date, not less than 30 days from th which the default must be cured; and (d) that fallu specified in the notice may result In accelerati Instrument and sale of the Property. The notice s reinstate after acceleration and the right to bring a default or any other defense of Borrower to acceler or before the date specified in the notice, Lender a in full of all sums secured by this Security lnstrum the power of sale and any other remedies pe entitled to collect all expenses incurred in pursuln including, but not limited to, reasonable attorneys' If Lender invokes the power of sale, Lender Borrower and to the person in possession of th Applicable Law. Lender shall give notice of the Section 10. Lender shall publish the notice of s r this Security instrument, and Borrower's merit, shall continue unchanged. Lender may d expenses in one or more of the following r; (c) certified check, bank check, treasurer's rawn upon an institution whose deposits are or (d) Electronic Funds Transfer. Upon obligations secured hereby shall remain fully is right to reinstate shall not apply In the case n 15: (a) "Hazardous Substances" are those pollutants, or wastes by Environmental Law flammable or toxic petroleum products, toxic containing asbestos or formaldehyde, and eral laws and laws of the jurisdiction where environmental protection; (c) "Environmental action, or removal action, as defined in tion" means a condition that can cause, nup. use, disposal, storage, or release of any zardous Substances, on or in the Property. nything affecting the Property: (a) that is in Environmental Condition; or (c) which, due to ce, creates a condition that adversely affects es shall not apply to the presence, use, or Substances that are generally recognized to (a) any investigation, claim, demand, lawsuit cy or private party involving the Property and ich Borrower has actual knowledge; (b) any y spilling, leaking, disoharge, release or threat dition caused by the presence, use or release alue of the Property. If Borrower learns, or is any private party, that any removal or other roperty is necessary, Borrower shall promptly ith Environmental Law. Nothing herein shall anup. notice to Borrower prior to acceleration greement in the Agreement under which n under Section 13 unless Applicable Law default; (b) the action required to cure the date the notice Is given to Borrower, by to cure the default on or before the date n of the sums secured by this Security all further Inform Borrower of the right to ourt action to assert the non existence of a tion and sale. If the default is not cured on Its option may require immediate payment nt without further demand and may Invoke tted by Applicable Law. Lender shall be the remedies provided In this Section 16, as and costs of title evidence. hall give notice of intent to foreclose to Property, if different, In accordance with le to Borrower in the manner provided In le, and the Property shall be sold in the (page 0 of 0) !(4016 /024 0893 07/10/2013 wED 11153 FAX 307 638 4201 wyay Cheyenne Im017 /024 manner prescribed by Applicable Law. Lender or 1 any Bale. The proceeds of the sale shall be applied 1 the sale, Including, but not limited to, reasonable this Security instrument; and (c) any excess to the p 17. Release. Upon payment of all sums secured Borrowers ability to obtain further advances under the Instrument. Borrower shall pay any recordation costs. L this Security Instrument, but only if the fee Is paid t charging of the fee is permitted under Applicable Law. 18. Waivers. Borrower releases and waives all ri exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agree: to the terms and covenants contained in this Security Instrument and in any Rider executed by Borro r and recorded with it. Witnesses: After Recording Return To: WYHY FEDERAL CREDIT UNION PO BOX 20050 CHEYENNE, WY 82003 YDONAL M CHE Space Below This Line Fo Acknowledgment ateji STATE OF WYOMING, County as: ir The foregoing instrument was acknowledged before me this 07110/2013 D (date) by 41 filet 1 c! L- !jI ,-,tie.Y 6,...,,Q 4 y efteAl e NZ 0 u (person acknowledging) WITNESS my hand and official seal. My Commission expires: 6 t 7 /7-or S JEREMY LEEPER NOTARY PUBLIC County of Teton My Commission F( f, State of Wyoming pares February 17, 2015 Preps WYHY 1713 S CHEYE OT85 093 WY (1/09) Copyright Oak Tree Business Systems, Inc., 20014009. All Rights R served. QTR$ (1/09) designee may purchase the Property at the following order (a) to all expenses of ttorneye' fees; (b) to all sums secured by rson or persons legallj entitled to it. y this Security Instrument and termination of greement, Lender shall release this Security nder may charge Borrower a fee for releasing a third party for services rendered and the hts under and by virtue of the homestead L OLIVER d By /Address: EDERAL CREDIT UNION LLWATER AVE. NE, WY 82009 h Lth> rh at,Lrr LE M OLIVER Notary Public (Seal) Borrower (Seal) Borrower (page 0 of s) 0891