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HomeMy WebLinkAbout973022PMI CASE#:. Loan No. 470038467 PARCEL TAX,ID#: 3518-314-12 MIN: 1002821 DEFINITIONS GCC MG305101 (12110) [Space Above This Line For Recording Data) MORTGAGE (A) "Securityluskument" tneans document, which is dated August 29th 2013 together with all Riders to this,docurnent. (B) '"BorroWer" is TERRI A GREGORY A SINGLE WOMAN WYOMING Singe Pinkly Fannie Mae/Freddie M1_ UNIFORKINSTRUMENT Fain 3051 1/01 (Page 1 of 18) Initials: 0 3 7 WTE WYomiNG TITLE ESCROW MOTHER LODK COMPANY RECEIVED 8/30/2013 at 3:24 PM RECEIVING 973022 BOOK: 819 PAGE: 377 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Words.used' itpuItiPiesectionsethis document are defined below .and: other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also.provided in Section 16. Borrowerds thermortgagor under this Security Instrument. (C) :"MERS!' is Mortgage Electronic 'Registration Systems, Inc. MERS is a separate corporation that is acting,,:sofely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Deiiiivare, and has an address and telephone number of p.o. Box 2026, Flint, MI 485012026;tel. (888) 679-MERS. (D) "Lender"IS First Interstate:Bank Lender isa ::MONTANA;CORRORATION laws of THESTATE OF MONTANA. Box 11095, Jackson, WY 83002 organized and existing under the Lender's address is (E) "Note the promissorynote signed by Borrower-and dated August 29th, 2013 The NOte:states owes Lender ONE HUNDRED ToIRTYFouTtiousAND FIVE. HUNDRED AND"NO/100 Dollars (U.S. 134,500.00 plus interest. BorroWer has promised to pay this debt in regular Periodic Payments. and to pay the debt in full not later than September 1st2028' (F) "Protiert)P! rneans the property that is described below, under the heading Transfer of Rights in the:Property. (G) "Loan! means the debt evidenced by the Note plus interest.; any prepayment charges and late charges' due Under the NOte, and all sums due under this Security Instrument, plus interest. (14) "Riders',' means all, Riders to this Security Instrument that are executed by Borrower. The folloWing:'RiderS.are to be executed by Borrower [check box as asplicable]: F AdjuStable Rate Ridei El .Condominium Rider X Second:Home Rider BalloonRider n Biweekly Payment Rider P1 1-4 Family Rider Other(s)[speCify] n Planned Unit Developmerit,Rider 1 (I) "Applicable 'Law"' rrieans all .cOntrolling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable 004: non appealable judicial opinions 'Cot Association Dues, Fees, and Assessments' means all dues, fees, assessments and charges areiinciosed,onBorroWer or the :Property by a association; homeowners association or similar organization. (K) "Electronic Funds Transfer!' means any transfer. of funds, other than a transaction originated by cheek, .draft OPSiiiiilar instrument; which is "initiated. through an electronic terminal, telephonic instrument, comptiter;.ormagnetie tape so AS:to:Order, instruct, or authorize a .financial institutiomte.debit or credit an account. Such term includes, but is not limited to point-of:sale transfers automated teller machine transactions, transfers initiated by telephone, Wire-transfers;.'andutornated. transfers. (L) "ESeroW'lfte that'are.described'in-Section 3. (M) "Miscellarieoii means any compensation, sealen-tent-, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for (i).damage'to; or destruction of the Property (ii) condemnation or other taking of all or any part of the Property (iii) conveyance in lieu of condemnation; or (iv) misrepresentations Of, or omissions as to the value andlor condition. of the Property. (N) 'Mortgage insurance' means insurance protecting Lenderagairist the nonpayment of, or default on., the -Loan. WYOMING Single Fainilj —.Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GCC MG3051-02 (02/03) (Pa:ge: of 18) Initials 0378 (0) "Periodic Payment:' means the regularly scheduled amount due for (i) principal and interest,under theNote;.:plu amounts;under'Section3 of this Security Instrument. (P). RESPA':' ineans the `Rea1 Estate Settlement .Procedures Act (12 U.S.C. §2601 et seq.) and its implementing, :regulation, Regulation X (24 C.F.R, Pare 3500), as they .might be amended from time; to'.time or any additional or' successor legislation or regulation that governs the same subject matter. As. 'used. in this Security Instrument, RESPA" refers to all requiiementsland restrictions are irrtposed in::regai'd to a "federally related mortgage loan" even Loan does not as a. ".federally related mortgage :loan," under RESPA. (Q) "Successor' in Interest of Borro means any party that has taken title to the Property; whether, or not that party has assumed Borrower's obligations under the Note and /or this Security; Instfi rient. TRANSFER OF RIGHTS IN THE PROPERTY This Securitylnstrument secures;'to: Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of'the,Note; the performance of Borrower's covenants and agreements 'under, this Security. Instrument and the Note. For ;this purpose, Borrower does hereby mortgage, warrant; grant_ and convey to MERS (solely as .nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the•followingdescribedproperty Iocated the :COUNTY [Type.of Recording.Jurisdiction] of LINCOLN [Nameof :Recording Jurisdiction] LOT 128 IN STAR'VALLEY RANCH 7- ANDJ'RECQRDED:MAY 3, 1979AS- MAP NUMBER': 235: AND DOCUMENT: NUMBER 523541 IN. THE OFFICE OF THE CLERtt LINCO LWCO.0 NTY,, WYOMING. PION: 3518 -31 -4.12= 004:00 which currently has the _address of 110. HARDMAN ROAD (Stre STAR VALLEY RANCH Wyoming 83127 "Property Address (City] [Zip Code] TOGETHER. WITH all the:improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and 'additions shall also be covered by this Security Instrument. All of the foregoing is referred.to.in this Security, lnstrument "Property:" Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lenders's successors ;and assigns) has the right: to exercise any or all of those interests, including, but not liiuited to, the right to foreclose and sell the and to take any action required of Lender including, but not limited to, ;releasing and canceling this Security Instrument: WYOMING' Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GCC MG3051 -03 (02/03) (Page 3 of 18) Initials: 0379 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the mortgage, grant and convey the Property and that the Property is unencinbered, except for encumbrances of record. Borrower warrants and will defend generally' the: title,.to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT coinbiries' unifOrrn. covenants for national use and .non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real ,property. UNIFORM.COVENANTS. Borrower and Lender coveriaritand agree as follows: 1. Payment of:Princlpal, Interest, Escrow Items, Prepayment 'Charges, and Late Charges. Borrower shall pay when due the principal of and interest on the debt evidenced by the Note and arty'PrepaYthent charges and late charges due under the Note. Borrower :Shall also pay funds for EkrOW Reins pilisliant: to Section 3. Payments due under the Note and this Security Instrumentshall:be made in U.S. currency. However, if any cheek or other instrument received by 'Lender',as,payMenqunder the Note or this Security Instrument' is returned to Lender Unpaid, Lender may require that any Or all subsequent payments due under the Note and this Security Instrument'be in one or more ofthe.followinkfornis, 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'atitY; Or'(d)Eleetrohic,Funds Transfer. Payments areideerned received by Lender whew received at 'the location designated in the Note or at such other;:locatiori as may be designated by Lender in accordance with the notice provisionsIWSectiOn 15::, :Lender may return any payment or partial payments if the payment or partial payments are insufficient to bring the 'Loan current. Lender may accept any payment or partial payment insuffieient to.bring thej_;oartaurterit; without waiver, of any rights hereunder or prejudice to its rights to refuse such or partial payments in the future, but Lender is not obligated to apply such payments at the tithe: such payments are accepted. If each Periodic Payment is applied as Of ifSSehedilledduedate; then Lender heed not pay interest on unapplied funds. Lender may hold,suchunapplied:funds untillBorrowerinakes payment to bring the Loan current. If"Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or rettirn them to BOrrOWer. If not 'applied earlier such funds will be applied to the outstanding principal balance under the Note irnmediatelyprior, to foreclosure No offset or claim which Borrower might haveqlow or inthe future against Lendershall relieve Borrower from mking:payments due under the Note and this Security Instrument or performing the coyenants and agreementssecured by this Security Instrument. 2. Application' of Payments or Proceeds. Except as otherwise described in this Section 2, all .payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under theNote; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the:order in which it became due. Any,remaining shall be :applied first to late charges, second to any other amounts due, under this Security Instrument, and then to reduce the principal balance of the Note. WYOMING Single Fainily ,Fannie Mie/Frddic Mac UNIFORM INSTRUMENT Forrn 3051 '1/01 GCC G3051-04(14/03) (PO e 4 of '1 8) 0380 If `Lender'recei a payment from Borrowerfor adelinquent Periodic' Payment which includes a ,sufficient amount to pay any ,late charge' due, the payment may be applied to the 'delinquent payment and the late. charge. If more than one Periodic Payment is outstanding, Lender may apply any payment. received from Borrower .to the repayment of the Periodic Payments if and ;to the extent that; each payment can,; be paid in'full To the extent. that any excess exisWafterthe payment is °applied to'the full payrnent.of one or more Periodic Pay ments, such excess maybe °applied to any late charges due. Voluntary prepayments shall be applied first to any ipfepaymentzoliarges and'then.as described in -the Note. Any application of payments, insurance proceeds or Miscellaneous 'Proceeds to principal due'under the:Note shall not extend "or postpone. the due date, or change the amount, of the Periodic<_Payments. 3. Funds for Escrow :Items. Borrower shall pay to Lender. on the day Periodic Payments are: dues, under:. the Note, until the Note is paid.infuli, a.sum (the "Funds. to.provide for payment of amounts due. for (a) takes and assessments and :other: items which can attain priority over this Security Instrurent as a lien or encumbrance. on the Property; (b) leasehold payments or ground rents :on 'the Property if any; (c) premiums for .any and all insurance required by Lender`under. :Section 5.; and (d) Mortgage Insurance:prerniums; :if any or any sums payable by Borrower- to .Leiidei' in lieu' of 'the payment of Mortgage insurance premiums in accordance with the provisions of :Section 10. These items are; called. "Escrow :Items." At r� origination or time during the term of the Loan, Lender may require that Community Association. Dues Fees if.any;;be escrowed. by' Borrower and such dues,'fees, and. assessmentsshall be an Escrow. Item.. Borrower:shall promptly furnish to Lender all notices of ,amounts to be paid .under, this .Section. Borrower shall pay Lender- the Funds for- Escrow 'Items unless Lender Borrower's obligation.to pay the Funds for .any or aII Escrow Items. Lender may •waive Borrower' obligation to pay to.Lender:Funds tor any or all Escrow Items at any tiine. Any such waiverzinay.oniy`be in writing. In °the event of such waiver, Borrower shall pay directly when and where payable, the 'amounts due for any. Escrow Items for which payment of Funds has been waived by Lender and if'Lender'requires; shall furnish to Lender receipts evidencing suchpayment within such`time period as Lender.,may require. Borrower's obligation °to make such payments arid too provide= receipts shall for all purposes be deemed to be a covenant and.. agreemenhcontained.:in this Security .Instrument, as The phrase "covenant and agreement" is used in .Section 9: If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, ,and:Borrower fails` to. pay the,, amount due for an;Escrow Item,.. Lender may exercise its rights under=Section .9 and .pay such ;amount and..Borrower :shall then be 'obligated under Section 9 to repay to Lender any such: amount. Lender may revoke the: waiver as to any or all Escrow Itenls•:at any timel.by a notice given in accordance .with'.Section 15 and, upon such revocation; B shall pay to Lender all Funds; and. in such amounts; that:are then required under this Section'3: Lender may, at any time collect and-hold Funds in..an amount (a) sufficient to permit Lender to apply. the Funds at the time specified under RESPA,. and (b) not to exceed the maximum amount: a lender can require under: RESPA. .Lender shall estimate the amount of Funds due on thebasisof current data-and reasonable estimates of expenditures of. future Escrow Items or otherwise in accordance with Applicable Law: WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GCC G3051- 05!(02/03) (Page 5•of 18) Initials:' 0381 The Funds 'shall be held in an institution whose deposits are insured by a federal agency., instrilmentality, or' entity if Lender is an .institution whose deposits are so insured) orin. any Federal Home Loan Bank:. Lender shall apply the Funds to pay the Escrow Items no later than the 'tiine specified under• RESPA. Lender shat) not charge Borrower for holding and applying the Funds, :annually analyzing the 'escrow account, or verifying the Escrow Items, .unless Lender. pays Borroweriiiiterest. on :the Funds and Applicable Law permits Lender to make such a charge. Unless an 'agreement °is made ;ins writing or Applicable Law requires interest: to be paid on the Funds Lender shalt not be `required to pay Borrower any interest or earnings on the :Funds Borrower and Lender can agree in 'writing, however, that interest shall be!•paid ontt.the Funds. Lender shall give to Borrower, without charge, an annual accounting.of;the Funds required by RESPA. If, there is a: surplus of :Funds held:in e scrow, as defined under RESPA, Lender shall account. to Borrower forethe excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA and Borrower shall pay to Lender the amount necessary ;to make up the shortage in accordance with RESPA, lint: in no more than 12 monthly payments: If there is a deficiency of 'Funds held. as defined.under :RESPA, Lender;shall notify Borrower as required by RESPA, and Borrower. shall to Lender the,.amount necess to inake the deficiency in accordance with_RESPA, butsin no more than .12 monthly payments. Upon payment, in full of all sums secured by this Security Instrument, Lender shall promptly refund: toiBorrower;:any:Funds by Lender. 4. 'Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, Ieasehold: payments :orground rents "on the Property if any,, and Community Association. Dues,. Fees, and.Assessments, ifany. To -the extent these items are Escrow Items, Borrower shall pay them •in.:thernanner provided'.in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the of the obligation secured by the lien in a manner..aeceptable to :Lender, but only so Icing as Borrower is performing such agreement; (b)•contests the lien in good faith by or defends against enforcement of the lien in, legal pr in Lender's opinion. operate to prevent the enforcement of the lien while those proceedings are pending, but 'only untit such proceedings, are concluded; or (c) secures 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 attain priority over this Security :Instrument, Lender may give BorroWer a notice identifying the lien. `Within 10 :days of'the date; on :which that notice is given, Borrower shall satisfy the lien:ortake one or More of the.actions set forth above in this,Section 4. Lender may require: to. pay a one-tithe charge fora real estate tax verification and /or reporting service :used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on. the property 'insured against loss by Tire, hazards included:-within the term "extended coverage and any other hazards including but not limited to earthquakes and floods, for which :Lender -requires insurance. This insurance shall be•rnaintained in the amounts WYOMING Sinsle Family Faun a Mae /Freddie M ac.UNIFORM INSTRUMENT Form 3051 1/01 GC C G305I- 06 :(02/43)' of 18) Initials: 0382 (including 'deductible:;levels) and for `the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of, the .Loan. The insurance carrier providing the insurance `shall be chosen by Borrower subject. to Lender's right: to disapprove ,Borrower's. choice, which fright shall not be exercised unreasonably. Lender may require Borrower to in connection with this Loan either: (a) a one -time charge for flood zone determination certification and. tracking services or (b) a one -time charge for flood zone determination: and °certification;services:.and subsequent charges each time :remappirigs or similar changes'occur; ^which reasonably might.affect such determination o certification. Borrower shall also be responsible` for the payment of any fees' imposed .by; the Fe"derai,Emergency Management Agency' in connection. with the 'review of any flood zone; determination resulting from an objection by Borrower. If Borrower'•fails.to maintain of the coverages described above, Lender may obtain insurance coverage, at, Lender's option and Borrower's expense Lender is, under no obligation to purchase 'any particular; type or arnount;of coverage. Therefore, such coverage shall cover Lender, but might' or might': not protect Borrower, Borrower:'s.:.equity in the Property, or the contents of the Property, against any, risk, hazard or Iiabilityandmight provide greater or lesser coverage than was previously in. effect: Borrower'acknowledges that the %cost of the insurance coverage'so :obtained might significantly exceed the: cost of .;insurance that"'Borrowercould have obtained. Any amounts disbursed'by.Lender -under this Section :5:'shall become additional debt of Borrower secured by'this Security :instrument. These amounts shall bear interest at the Note rate from date of "disbursement'and shall. be payable, with. such interest, upon notice from Lender to Borrower: reign esting•Tayment. All insurance policies required by Lender and renewals. of: such policies shall be subject to Lender's right.to. disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and /or';as an additional loss payee. Lender shall have the right to hold the policies: and renewal certificates: If 'Lender requires, Borrowerr;shall promptly give to Lender all. receipts ,of paid premiums. and renewal notices. If Borrower obtains any form of insurance coverage -not; otherwise' required by. Lender, :for damage •to or destruction of, the Property; such policy shall include 'a, standard .mortgage clause and shall name Lender as rriortgagee. ;and /or�as an additional; loss payee. In 'tlie event if loss, Borrower shall. give :prompt, notice to the insurance carrier and Lender. Lender: may :make proof of loss if; not made promptly by:Borrower. Unless Lender and Borrower otherwise :agree..in „writing, any insurance proceeds, whether or not the underlying insurance wavregiiii-ed.by':Lender, shall be :applied`to restoration., or repair- of the Prbperty, if the restoration or repairis:econornically feasible and Lender::'s.sectirity' :not Lessened. During such repair and restoration period, Lender shall have the right to hold. such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's, satisfaction provided that such inspection shall be undertaken promptly. Lender niay disburse proceeds for the repairs and restoration in a 'single payment or in a series of progress payments as' the: work is completed. Unless an agreement is made in writing or Applicable Law. requires interest to be paid on such insuranceproceeds, Lender shall not be required to pay Borrower oany interest or earnings on such proceeds. Fees for public adjusters, WYOMING- Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3051 1 /01 GCC G3051 -07. (02/03)' (Page .7'of 18) initials 0383 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 sectirity° 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 Lender may negotiate and settle the claim. The,30 -day period will begin when the notice is given. In either event, or if Lender acquires' the: Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights twany.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 orrestore 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 control. 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 Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or 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 insurance.or condemnation proceeds are not sufficient to repair..or•:restore the 1?roperty,.Borrower is not relieved of Borrower's obligation for the completion of such'repair or;restoration. Lender or its =agent may make reasonable entries upon and.inspections of the Property. If it has reasonable cause, Lender may inspect the interior -of the improvements on the Property. Lender: shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrowers knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in WYOMING -Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3051 1 /01 GCC G3051 -08 (03/02) (Page 8 of 18) initials: OJ84 connection with the Loan. Material representations include, but are not limited to, representations concerning, Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might. significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement,of'a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned' the Property,, their Lender may do and pay .for whatever. is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and /or assessing the value of the Property, and securing and /or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums,secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable'attorneys' fees to protect its interest in the 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, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so: It is that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed .by Lender under this Section 9 shall become additional debt of Borrower securedby this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the. lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not mergeunless:Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Insurance in effect. lf, for any-reason, the Insurance coverage required by Lender ceases to be available from the' mortgage insurer that previously provided such insurance and Borrower was required to make separatelyy designated payments toward the premiums for Mortgage Insurance, Borrower. shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender; If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall coritinue,to pay to Lender the amount 'of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non refundable, notwithstanding the fact that the Loan.is ultimately paid in full, and Lender shall not be• required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the WYOMING Single Family Fannie Mac /Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GCC G3051 -09 (02/03) (Page 9 of 18) Initials: 0385 amount and for that Lender requires),proviiied by 'an insurer selected by Lender again `becomes available is;obtained, and Lender requires; separately designated payments toward the premiums for Mortgage Insurance. If. Lender. required •Mortgage .Insurance as a condition of :making the Loan •and :Borrower.was! required :to make. separately designated payments toward the premiums 'for, Mortgage Insurance Borrower shall pay the. premiums' required to maintain Mortgage Insurance. in effect, or to provide a non=refundable loss reserve, until the Lender's requirement for Mortgage. Insurance ends in accordance with any written agreement between Borrower and tender providing for such termination or until: termination is required by Applicable Law. Nothing in this Section, 10 affects Borrower -'s obligation pay interest at the rate provided, in ,the, Note: Mortgage Insurance reimburses Lender (or any entity that. purchases the Note) for certain losses it°:may incur =if'Borrower does.not repay .the Loan as agreed. Borrower is not a party to'the Mortgagetnsurance: Mortgage insurers; evaluate their total risk on all .such insurance in force from time to time, and may enter`'irito agreenients.with other parties that:share or modify 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 Mortgage insurer to''make; payments using any' source of funds that the, mortgage insurer may have available (which rriay include fiinds obtained from Mortgage :lnsurance premiums). As a result of. these :agreements, Lender, any purchaser of 'the 'Note, another insurer, any reinsurers• any :other'entity, .or any 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 the insurer s risk in exchange; for a share.of:.the premiums, paid to the arrangement is often terrried "captiveiireinsiirance. Further: (a)' Any such agreements will not affect the amounts •that::Borrower'has,agreed to pay for .MortgageJnsurance,. or any' other terms of the Loan. Such agreements will not increase the amount. Borro_ we_r• will owe, for Mortgage; Insurance, and they will not entitle Borrower to any refund: (b) Any such agreements will not. affect the _rights 'Borrower has if any with respect: to the Mortgage' Insurance under the Homeowners ,Protection Act of 1998 or any other law. These rights' may' include the right to receive certain disclosures, to request and obtain. cancellation of the Mortgage Insuraice, to have the Mortgagelnsurance•terminated automatically; sandior; to receive.a,:refund of any Mortgage.1nsurance peemiums'that were unearned .at the:` time. of: suchecancellation .or•termination. 12. Assignment;of Miscellaneous: Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and:shall" be paid to Lender. WYOMING Single Family Fannie Mac /Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GCC G3051 -10 (02/03) (Page 10 of 18). Initials• 0386 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 liS not 'lessened.; During such irepaiir. and restoration .period, Lender shall have the right to hold: such Miscellaneous ',Proceeds until Lender has had an opportunity to inspect such Property to "ensure; the work,has been, completed to Lender's satisfaction provided that such inspection shall undertaken promptly. Lender may .pay. for the: repairs and: restoration in a single disbursement• or yin- a lseries of progress payments as the work is completed. Unless an agreement ist 'made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,. Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's securityo would be lessened, the Miscellaneous :Proceeds shall be applied •to'the sums secured by. this 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' ,cif 'a total taking, destruction, or loss in value of the Property, the .Miscellaneous :Proceeds. shall' '.be .applied to ithe sums secured by this Security Instrument, whether or not :then due, th excess, if any, paid to Borrower. In the event' of a;,partial. taking, destruction, or loss in value-of the Property in which the fair market value of the Property immediately before. the`, partial taking, destruction, or loss in value is equal``.to-or, greater than the amount of the sums secured by this Security Instrument immediately before the partial;: taking;. destruction, or loss in value, unless Borrower. and Lender .otherwise:agree in writing the ;sums secured' by' this Security. Instrument shall :be reduced by the amount of•the:Miscellaneous;Proceeds multiplied by. the.following fraction; (a) the total amount 7.. of the -sums, securedatmmediately before the'partiat'taking, destruction, 'or loss_ in value divided 'by (b) the..fait:MarkeyVailleOf the Property immediately before the: partial. taking, destruction, or loss in value...Any; balaizce shall be paid to Borrower. In, the event of a partial taking, destruction, or loss in value of the Property in which the fair market .value of the:Property immediately' before. the partial taking, 'destruction, or loss in value ;i's less than the amount: of the sums. secured immediately' before the partial taking, destruction, or 'loss in value, •unless Borrower and Lender otherwise agree in, writing, the Miscellaneous Proceeds shail.ibe applied "to:the stims.secured by this Security•lnstrument whether or not th_ e. 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 the date the notice is ,given, Lender is autho rized to collect and apply the Miscellaneous Proceeds either to restoration „or crepairof 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 ¥iscellaneous Proceeds. %VYOIVIING Single Family, Fannie Mae /Freddie Mac UNIFORM INSTRUMENT. Form 3051 1/01 GCC G3051- 11'(03/02) (Page 11 of13) Initials: 0387 i3orrower,Shall.h in default if any action,orproceeding, whether civil Or criminal, is begun that, in. LendeS jiidthent, could reStilt.in „forfeiture of, the Property or other material impairment- of :Lenders interest- in. the .Property or rights -under. this. Security. Instrument. Borrower can cure !such 'adefault and, if 'acceleration has occurred, reinstate as provided. in Section 19 by causing the detiOniorindceeding to be dismissed with a ruling that, in Lender's judgment, prechideS?forfeiture of the,Property or. other rhaterialimPairiiient of Lender's interest in- •the-Property or rights under this Seeurhydinstrument. The proceedsolanraward or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and 1).60 Lender. MiScellineotis ProdeedS'that are not applied to restoration erepair Ofthe'Property shall be'appliedin,the'order-provided 2. liorro;wer]1siOt!.:1rteleaed; 6rb_earance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums !secured by this Security Instrument granted by Lehder to Borrower or-any SiiceeSSOr in Inter* of Borrower shall not operate to release the liability of fforrower or any :Successors, in. Interest of Borrower. Lender shall.not be .required to. cornme.nce:proceedingsagainst any in Interest of:Borrower or to refuse. to extend time for payment or Othei*Se‘mod.ify,atnortization:of the sums secured by this Security InitruMerit by ,teasOil of. any demand Made. by the original 'Borrower or any Successors in Interest 61 Borrower-. Any forbearance by Lender in exercising any right or remedy including, without limitation,- Lender's acceptance of payments from third persons, entities or Successors :-in Interest of Borrower or in aMounts less than the amount then due, shall not be a waiver ofiorpreelbdeithe of any. right .or reniedy. 13. Joint: and Several Liability; Co :Sticce§oii. 'and Assigns Bound. Borrower covenants and ,agrees. that Borrower s obligations and liability shall be joint and several. HoWeVer, any Borrower Whd„cO-signs this Security Instrument but does not execute the Note (a 'co-signer): (a) is co-signing this- Security instruilient Only to mortgage, grant and convey the co-signer'S interest ,in the Property under the terms of this :Security Instrument (b) is not personally obligated te pay the„sums;secured by this Security Instrument; and (c) agrees that Lender and any Other' :Borrower- can agree to extend, modifY, :forbear or make any accommodations with regard to the terms of this Security InstitiMent or the Note without the co-signer's consent .Subject to the provisions of .Section 18 any Successor in Interest of Borrower who assumes Bofkow obligations under this Security Instrument in writing and is approved by Lender, shall obtain all -of Borrower's, rights and benefitS under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this. Instrument shall hind (except as provided in Section 20) and benefit the successors and assigns of Lender. WYOMING Single Family Fannie Mac/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GCC G3051-12(03102) (Pdge 12 of 18) Initials: 0388 .14. Loan 'Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default,., for the purpose of protecting Lender's interest in the ,Property and rights under'this Security. Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard' to any other fees, the absence of express authorityinathis Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited, bythis SecurityInstruinent -or by Applicable Law. Iftlie Loan is;subject=to alaw. which sets maximum loan charges, and that law is finally interpreted sorthat the interest -or other loan charges collected- or to be collected in connection with the Loanexceed the permitted limits, then: (a) any. such loan charge shall be reduced by the amount necessarytoreduce the charge.to the permitted: limit; and.(b) any sums already collected from Borrower, which exceeded permitted limits: will be, refunded to Borrower. Lender may choose.to refund byireducing the principal owed under the Note or by making a direct payment to Borrower: If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge. (whether or nota prepayinent charge is provided for under the Note). Borrower's: acceptance_ of any such •refurid made by direct payment to Borrower wilI•constitute:a waiver any right of action Borrower might have .arising out of such overcharge. 15: Notices: All Notices given by Borrower. or Lender in connection with this Security Instrument must -be.in writing. ,Any notice -to Borrower iii connection with this Security Instrument shall be:deemed.to have been given to Borrower when mailed. by first class mail or when actually delivered' to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute .notice to all Borrowers. unless Applicable Law expressly requires otherwise.. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly :notify Lender of Borrower's change ;of :address: If Lender' specifies a procedure for Borrower's change of address,. then Borrower shall only .report. a change of address: through that specified procedure. Thereu.may be only one, designated notice address under. this Security Instrument at any one. time. .Anyrnotice:..to :Lender shall be :given. by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice::to Borrower. Any notice'in'connection with this Security'.Instrument shall not be deemed to have beensiven to Lender: until actually. received by :Lender. If: any notice required by this Security.InstruinenV is also Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement „under this Security Instrument. 16. Goveriiiiig Law; :Severability; Rules of Construction. This Security Instrument shall :be governed byfederal law the the jurisdiction'ip which'the Property is located. A11 rights and obligations contained yin this Security Instrument are. subject: to any. requirements and limitations of Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence' shall -not be construed as a WYOMING.:- Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3051 1101 GCC G3051- 13"(0203) (Page 13 of 131 Initials: 0389 prohibition .against agreement by contract, In the event that any provision or clause of this Security Instni hherit or the Note conflicts with. Applicable Law, such conflict shall not affect other ...of this .Security Instrument or the Note which can be given effect without the conflicting provision., As used in this; Security Instrument: words of the masculine gender shall mean and include:, corresponding neuter wordsor. words.of the feminine gender; (c); words in the singular shall mean:.and include:the plural, andvice versa; and (c) the word "may" gives. sole discretion without any obligation to takeiany,action. 17., Borrower's Copy: Borrower shall be given one copy of the Note and of this Security Instrument. 18: 'Transfer of the Property, or a•Beneficial Interest in Borrower. As used in this Section `18 ''Interest in the Property" means any legal or beneficial interest in the Property, including, but`not_ limited to, those :beneficial interests transferred: in a bond for deed, contract for deed, installthent sales contract oeescrow °agreement, the intent of which is the transfer of title by Borrower avafilturedate io'a.purchaser. If all or'.any'part. of the •Property or any Interest in the :Property is sold or transferred (or if Borrower 'is not a natural, .person and :a beneficial interest in Borrower is sold or •transferred) without Lender's prior written consent, Lender nmay'•require immediate payment in full of'all sums secured:.by this Security °Instrument. However, this option shall:not be exercised by Lender if such exercise,is prohibited by applicable law. 1f: Lenderlexercises this option, Lender.shall give Borrower notice of acceleration. The notice shall. provide .a period of -not less than 30 days from the date the notice is given in accordance with Section 1'S within. which Borrower must pay all sums secured by this Security Instrument. If Borrower .fails, to pay these sums prior to the expiration, of this period, Lender may invoke any remedies:permttted by• this' Security Instrument withoutfurther notice or demand on Borrower. 19. Borrowers Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement. of this Security Instrument discontinued` at any time prior 'to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Secirity Instrument; (b) such other period as Applicable Law mightspecify for the termination of. Borrower's right to: reinstate; or (c) entry of a judgment enforcing this 'Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which `,then would' be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses' incurred:. in enforcing this Security Instrument, including, but not limited to, 1•easonable 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. WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3051 .1/01 GCC G3051-14'(02103) (Page 14 of 18) Initia 0390 Upon reinstatement. by .Borrower, this Security Instrument:and obligations, secured hereby shall remain fully effective as if no acceleration had ()Centred. HOWevet, this right to reinstate shall noLapply inthe case ofaccelerationunderSection 18. 20. Sale orSiote; 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 titheS to BdtroWer. A sale:roighti a change in the entity (known as the '1,oan Sevier) that Collects Periodic, PayMents due under' the. Note and this Security Instrument and performs other morigageloan,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.SerVieer, Borrower' will be given Written: tiotiee Orthe change which Will state the name, and address. of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in :connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is ServidecVhSi"a Loan Servicer other than the purchaser of NOte, the mortgage loan servicing obligations to Borrower- will remain with the: Loan SerVicer or be transferred to a successor' Loan Servicer and are .assumed by the Note' purchaser unless otherwise provided by the Note:purchaSer. Neither Borrower nor Lender may coininence,. join, or be joined to any judicial action (as either. an indiVidnal: litigant or the, meinber of a class) that larises: from the other party's actions pursuant to this.Security Instrument otthat;alleges that the otherparty 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 nonce given in compliance with the requirements of Section 15) of such alleged breach id. afforded the 'other paitYtiefettt, a reasonable period after the giving of sueli,'notice, to take .corrective: action. If Applicable Law provides a time period which niiist elapse before certain action can be taken, that time period will be deemed to be reasonablejor:Purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and theliotice, �f .cce1eration given to Borrower pursuant to Section :18 shail be deemed to satisfy the notice and opportunity to take corrective action provisions:;.o&thisSection26. .21. Hazardous Substances As used in this Section 21 (a) "Hazardous Substances" are those substances defined as toxic or liazarddus substances,. pollutants, or wastes by Environmental Law and thefoilowing substances: gasoline, kerosene; .other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or foritialdehYde, and radioactive Materials (b) "Environmental Law" means federal laws and laws ofAhe jurisdiction where the PrenettS is located that relate to heath, safety or environmental protection; (c) "Environmental Cleanup" includes any action, remedial actiOn or removal. :action, as defined in Environmental Law; and (d) an "Environmental Condition .ineans a Condition that can cause, contribute to or otherwise trigger an Envirofiniefital Cleanup. Borrower shall not cause. .or permit the presence, use, disposal, storage, or release of any Hazardous 'Substances, or 'threaten to release,a4 Hazardous Substances, on or in the Property. Borrower shall:not do,.nor allow anyone else. to do, anything affectingAbe Property (a) that is in violation of any Environmental Law; (b) which creates an Environmental Condition, or (c) which, dile to the Presence; use, or release of a Hazardous Substance, creates a condition that WYOMING 5mgle Faiiily Fannie Mai/Fiedclie Mac.UNIFORM INSTRUMENT Form 3051 1/01 GCC G3051-15 (02/03) (Pa 15'of 18) Initials: 0391 adversely affects .the value of the Property'. The preceding two sentences shall not apply to the presence;, use; or`'storage: the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and' to maintenance of the Property (including, but not limited to hazardous substances =in consumer products). Borrower promptly give Lender 'written notice of' (a) any investigation, claim, 'demand, lawsuit: or other action by ,arty governmental or regulatory agency or` private party involving the =Property and any Hazardous 'Substance or Environmental Law of which Borrower has actual knowledge; (b) any Environmental Condition including but not limited to any spilling, leaking,, release or threat of release:of any Hazardous Sitbstance;'and (c) any condition caused by the presence, use or release of a Hazardous .Substance which adversely affects the value' of "the Property If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting; the Property is necessary, Borrower shall promptly take all necessary remedial.actions:rn :accordance with,Environrhental Law. Nothing herein shall create any obligation:on.Lender'for an:Environmental Cleanup. :follows: NON= UNIF•,ORM COVENANTS. Borrower and Lender further covenant and agree as 22: Acceleration;• Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's, breach of any covenant or agreement in this Security Instrument..( butinot;priorb:acceleration> under Section 18 unless Applicable Law provides otherwise). The notice shall' specify: (a) the default; (b) the action required to cure the default; (c) a date; not less )than days from the date the'; notice is given to Borrower, by which the default, must be cured, and (d) that failure to cure the default on or before the date specified: in:.theliotice; may, result`in acceleration of thesiiins secured by this Security Instrument/and sale,of;the:Property.. The;notice shall further inform.Borrower of the right to reinstate after acceleration and the ;right to bring a court action to assert the non existence:. of a;.defaillt orl any other, defense,of Borrower to acceleration and sale. If the default .is not' cured'.on;or: before the date specified in the notice„ Lender at its'option may require immediate'payment;in. full of all sums secured by this Security.Instrument without further demand and invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited t�, reasonable attorneys' fees and costs ortitie evidence If Lenderr, invokes the power of sale, Lender shall give.notice.of intent:to foreclose to Borrower and to the; person in possession of the Property, if different, in accordance With Applicable; Law Lender shall give notice of the sale to Borrower in, the manner provided 'in <:Section,.15. Lender shall .publis6::'the,notice 'of .Sale, and t.he.Property shall be sold in the.manner prescribed :by Applicable Law. Lender :MACS designee;may purchase the Property at any sale. The proceeds of <the sale•shall be:applied in the: following: order: (a) to all expenses of the:sale,- including; but not limited 'to, reasonable attorneys' fees; (b): to all sums secured, by this Security instrument; and (c) any excess: to the person or persons legally entitled'to'.it. WYOkIING Single Farnily Fannie Mac /Freddie Mac UNIFORM INSTRUMENT Form 3011 1 /01 GCC G3o51 -16 (02/03) (Page :Ib,of 18) Initials• K� 3 23. Release: Upon_.payment;of.. all sums secured by ttiis Security Instrument .Lender shall release this? S.eeurity Instruirient. Borrower shall pay any recordation costs. Lender tray charge:Borrower a4ee for releasing•.thisSecurity Instrument, but only if the fee is paid to a third party:: for.services. rendere 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 Borrower and recorded with it. Witnesses: TERRI /VG EGORY WYOIVIING. Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GCC G3051 -17 (42 /03) 17 of 18) (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) Borrower 0393 COUNTY OF KATHY LYONS NOTARY PUBLIC COUNTY OF v STATE OF TETON 1q' MYCOmmLssiON EXPIRES__ My Cotrunission,Expires: 1 J3 /13 PREPARED BY: Kathy Lyons First Interstate Bank PO Box 11095 Jackson, WY 83002 RECORD AND RETURN TO: First Interstate Bank PO Box 11095 Jackson, WY 83002 INDIVIDUAL ACKNOWLEDGMENT STATE OF WYOMING, SS The foregoing instrument was acknowledged before me this 29th day of August 2013 by TERRI A GREGORY A WOMAN (person acknowledging) Notary Public WYOMING Single Family Fani,ie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3051 1 /01 GCC 63051 -18 (02/03) (Page 18 of 18) Initials: 0394 SECOND HOME RIDER LOAN# 470038467 THIS SECOND' HOME RIDER.is:.made this 29th day of August .2013 and is incorporated into and shall be deemed to amend and supplement the Mortgage Deed of Trust or Security Deed (the "Security Instrument ofthe sarne date given by' the undersigned (the "Borrower," whether there are one or rnor&persons uindersigiied) secure Borrower's Note to First Interstate Bank,'MONTANA CORPORATION (the Lender of the same. ;date: and covering the described in the Security In (the "Property 'wliich'is located at:. 110 HARDMAN..ROAD;STAR VALLEY RANCH, WY 83127 (Property .Address/ In addition,to the';covenants!:and agreements made in the Security,.Instrument, Borrower and Lender further covenant. and agree that Sections 6 and 8 •of the Security Instrument are deleted and •are replaced by the following: 6. Occupancy. Borrower shall occupy,. and:. only. use, the Property as Borrower's ;•econd home. Borrower shall keep the Property available .for Borrower's exclusive use and enjoyment at .all times, and shall' not.subject the Property to any timesharing orother shared ownership arrangement or to any rental pobt oragreement that requires Borrower either to rent .Property or give a management firm or any other.person any control .over the occupancy or use. of:the. Property. 8. Loan' Application. Borrower'sha11 be in default if, during the Loan application 'process, 'Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan: Material representations include, but are not limited to representations cdricerning'Borrower's occupancy of the Property as Borrower's second home. MULTISTATE SE HOME RIDER Single'Family Fannie Mae /Freddie Mac UNIFORM INSTRUMriNT Form 3'0.-1/ G3860 -01 (0008) (Page 1 of 2) liutials: 0395 BY SIGNIIBEILOW Borrower accepts and agrees to the terms and covenants contained in this Second Honiejtider. TERRI A GREGORY MULTISTATE SECOND RIDER Single Family Fannie Mad/Fieddie Mac UNIFORM 'INSTRUMENT G3896-02. (0705) (Page 2 of 2) (Seal) Borrower (Seal) Borrower (Seal) Borrower (Seal) -Borrower Form 3890 1/01 0396