HomeMy WebLinkAbout977958NORTHERN TITLE CO.
PO BOX 856
'MAYNE, WY 83127
Rest To:
u S p +ti' Home litg -c s.r.a.1 oc
7601 Pena lace S, Ste Al
Eir F4 e1d, mg 55423
i?separedBy:
Eris
4801 Exeaerica Sty et
Owen_:boso, XX 42301
1
DFFSTI ION *S
space Above This Lino For Rawrdimg Data)
MORTGAGE
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Words :zed in multiple sections of fans document are dented below and other words are defined in
Sections 3, 11, 13, IS, 20 and 2L Grain rules regarding the usage of words ug this document are
also provided in Section 16.
(A) 'Security Instrument" mans this document which is dated oa /07/2014
together with all Rides to this document
(8) 'Borrower" is Jason mofEnt. and, Brittany E Moffat, husband and wi£o
Borrow& is the mortgagor trader this Se e zity Instnnmeat
(C) ^Leader ^is U.S_ Soak ht.
Lender isa National Association
organized and existing under the laws of The IDnited States O£ gmexi.ca,
Lender's address is 4801 xi.ca Strceet, Ow .azbo o, Le• 42301
L emdex is the mortgagee under this Security Instrument
WYOMING Smpb Fam3y -F,Mme o M addq Mac UNIFORM RL°TRUMc5?
Wares *one gn dal Sambas
977958 8/12/2014 4:19 PM
LINCOLN COUNTY FEES: $72.00 PAGE 1OF 21
BOOK: 837 PAGE: 673 MORTGAGE
JEANNE WAGNER, LINCOLN COUNTY CLERK
3051 a
LSdoUc Raw 18.
(A) "Note" -rvPns thepronissory notesignedbyBorrowe: mdda:ed08 /07/2014
The Note suit= ihatBoxrowek owes Lender Two Anndted Fi£ty o:..r 'rho' --nd six Hung -+eel
and 00 /100t.b 3 Dollars
(U.S. 5254,600 .00 plus interest Beam= bas i roc ised to pay this debt in regular Periodic
P ymcn= and to pay the debt u,1 felt not later than Septa er 01, 2044
"Property" means the property that is described blow under the heading "Transfer of Rights in the
P. openp_"
(F) "Loan" marts the debt evidenced by the Note, plus intwest, any prepayment charges and late charges
due under the Note, and all smms due under this Security Th anent, plus interest
(G) 'Riders" means all Riders to this Security Inter mea3t that are executed by Borrower. The following
Riders are to exeared by Borrower [check box as applicable]:
Adjustable Rate Rides M Condominium Rider Q Second ]'tome Rider
Balloon hider Planned Unit 1) eveiopme t Ride: Ei 1-4 Family Rider
El vARider 1133iweeklyPa Bider LI Other(s) [SPecifYI
(13) applicable Law" means all doutroIling applimble federal, stwte and kcal statutes, regulations,
ordinances and adnidstradve rules and orders (that have the effect of law) as well as all applicable Real,
non -appealable pcclable judicial opinions.
(l) "Community Association Dues, Rocs, and Assasmentx" :scars all rheas, fees, its and other
cbz ors that are imposed on Botmwe: or the Property by a eondominitnn association, homeowners
association or 4 organisation.
(3) Mertronic Funds Transfer" means any nxusfer of funds, other tbaa a transaction origi )2I l by
cheek, draft, or Ur paper iattnanent, which is inidateel through an electronic terminal, telephonic
haser=ent, computer, or magnetic tape so as to order, mama or authoriax a financial institution to debit
or eredit an ac otmt. Soda term includes, but is not limited to, point -of -sale transfers, automated teller
m transactions, transfers initiated by telephone, wire L^anafers, and automated clearinghouse
t'attsfers.
"Escrow Items" meant those items that are described ibed in Section 3.
(L) "N:isegi+neous Proceeds" means any compensation, verlemcat, award of damages, oo proceeds paid
by any third party (other than insurance proceeds paid Under the coverages described in Section 5) for (i)
damage to, or destrtu on of, the property; (u condemnation or or raking of all or any part of the
Propers; (iii) conveyance in lieu of condcaniatim or (iv) m representations of or on3issions as to, the
value and/or condition of the Property.
(?d) 'Mortgage Insurance" means insurance protect• g Lander against the nonpayment 4 or default on
the Loan..
(N) "Periodic Payment" means the regularly scheduler' amount dare for (i) principal and interest tinder the
Note, plus (ii) any a pormts under Section 3 of this Scrwuity lnst- unmet.
(0) 'R:ESPA" rears the Real Es= Settlement Proccdterrs Act (12 U SC. Section 2601 as seq and its
implementing regulation, Regulation X (12 C.F.R- Part 1024), as they might be ammded from time to
font or any additional or successor legislation or regulation that goverrs the same subject mattes As used
in this Socvrity Instnnnrrit, "RESPA" refers to all regnfemeats and, that are imposed in regard
to a fedeally related mortgage loan" even' if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
YONI NG 'Wrote Fe"Oy Fannie Alm e UNIFORM INSTRUMENT Farm 3St
M' 1x01
VMPc0 ANT) r12023
Wok= Kluwer F"eacirl Services Ldddx a'e2010
(P) "Successor in Xutu'est of Borrower" means any party that has taken title to the 1 repoty, when= or
not that party has assumed Torower's obligations coder the Note and/or this Security Insonment.
TRANS: hit OF RIGHTS II∎I Tl PROPERTY
This S e e u r i t y I n s m a n e n t seeks to L e n d e r r t h e r e p a y m e n t oftbe X cat., and all xcaer+als, C:1/4^nensions and
modifications of the Not and (ii) the pe:foaaance of Borrower's covets and amts under this
S cndty Izcmuaoeut and the Noe. For Ibis pzttpose. Borrower does hereby mortgage, grzat and convey to
Lender and Leader's successors and assgns, with power of sale, the following described property located
iu the County of Lincoln
crypt a Rt=0:E2a 3=isdittioa) [N�c of REcorairig Inds ict on)
ALL OR XAx 3 OL„" S^..t" CIC ITO.Z SFELOSV'XSXOxt, LINCOLN COb*TT1, trZO G,
ACCORDING TO •TSe OFFICIAL NAP ANA pram =mom. RIMED AraRC(S't 20, 1990 AS
DST NO. 721994 Mg 7 OFF' =CE Or 'zisz =NCO= COMITY CEZR1
rfriS IS ,A CONS CTloiif SECURITY INSTRDNENT
Parcel ID Nuxabc c 12-- 3418- 17-2 -00- 218 _00 which c=rextly /in the add= of
1278 County' Road 120 [Strut)
yAe [City", Wyoming 83127 (Zip Code]
("Property Address
TOCEFEER. WIfa all the improvements now or hercafcr crested on the property, and all
easemcrits, appurtenances, and ixttaes now or hereafter a pzet 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 last as the "Property."
BORROWER. COVENANTS that Borrowers lawfully of the rs hereby conveyed and liar
the right to mortgage, gaa and convey the Property and that the Property is imeucuuibered, except for
encumbrances of record Boaowe warrants and will defend generally the t'tle to the Property against all
claims and demands, subject to any encumbrances ofrecerd_
TTITS SECURITY XNSTR.YM Q'T combines unifomt covenants for national use and non- tmifonn
coves with limited variations by jurisdiction. to constitute a uniform. secxi±y instnnnent covering x l
Property
WYOMMING Sng FaNy w 6MAW' Redd. Mac UNIFORM ItZ AVM t ��j^y!',/ F�am
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UNIFO^+M COVENANTS. Bonrowea grad Lend= covenant and agee as follows
1. Payment of Principal, inntcrest, Escrow Xtems, Prepaysncnct Charges, and Late Charges.
Borrower shall pay whey due the, prin cctpai o and interest on, the debt evidenced by tie Note and any
prepayment charges and fare charges due ender the Note. Borrower 03111 also pay fonds for Escrow items
pursuant to Section 3. Payments due Hader the Note and this Su.nrity Irstroment shall be made in US.
eurrmey. Howeve if nay check 'or other instrurocot reeervt3 by Lanier w pzymmt under the Note or this
SeaMty Instalment is returned to Leader t apt id, Leader may require that any or all subsequent payments
due snider the Note grid this Security Instrument be made in one or more of the' following forms, as
sale ed by Leader: (a) cash: (b) money order, (c) wed check, bank check, treasurer's check or
c't it's check, provided any such check is drawn vpon an institution whose deposits are insured by a
federal 2g ey, instrumentality, or entity, or Electrons. Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as maybe designated by Lender in ecordaece with the notice provisions in Section 15_
Leader may rest= any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan cethnr. Lender may aceTt pmt or partial payment inalft;ramt to bring the Loan
current, without waiver of airy rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future,. but Leader is not obligated to apply such payments at the time soar payments e
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pry
into st on =applied funds. Lender any hold such unappfied finds mm'1 Borrower makes payment to hying
the Um =tat If Borrower does not do so within a reasonable period of time, Leader Oh,11 either apply
such fiords or rearm them to Borrower. If not applied earlier-,, such fends will be applied to the outstanding
principal balance under the Note irnu rdbt prior to fonxiosime, No offset or claim which aorrower
might have now or in the future ngaiost Lender shall relieve Borrow= from soaking payments the tinder
the Note aad'tbis Security Instrument or perfota ling the covenants and agreements secured by this Security
insumne tit
2. Application of Payments or Proceeds. Except as otherwise des"bed in this Section 2, all
payments accepted and applied by Lender shall be applied in the following, order of priority: (a) interest
dhc under the Note (b) principal due under the Note; (c) =owns due under Sec 3. Such payments
shall be applied to each Periodic payment in the order in which it became due. Any remaining amounts
mall be applied first to late charges, second to any other amounts due under this Security Instrument, and
rhea to reduce the principal balanrr of the Note.
If Lr rle- receives a payment from Borrower for a dcIiuclucot Periodic Payment which iecludes a
sufficient amotmt to pay any late r3sarge doe, the payment may be applied to the delineuent payment and
the lam charge. If more than one Pe~iodic Payment is outstanding, Lender may apply eny payment received
.pt's Borrower to the repayment of the Paiodie Payments i and to the extern that, each payment can be
paid in full. To the extant that any excess mists after the payment is applied to the full payment of one or
more Periodic Payments, sot excess may be applied to any ine charges due. Volunttay prepayments shall
be applied first to aayprepxyment charges and then as described in the Note.
Any application of payments, iemrance proceeds, or Iyilscellateous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the PeriodicPayzocvas.
3. Feuds for Escrow items. Borrower shall pay to Lender on the day Periodic Payments are at
trader the Note, tm'dI the Note is paid in full, a sum (the "Funds") to provide for payment of a OIMIZ due
for: (a) taxes and assessments and other its which can attain priority over this Seaaity Instrument as a
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lieu or encumbrance on the Property; (b) Imschold pzym is or grotmd rents on the Property, if ray; (e)
premien= for any and zit .vazyx requred by Lender under Section 5; and (d) Mortgage Instnance
premiums, if any, or any sums payable by Borrower to Lender is lieu of the payment of Mortfage
Insurance prcrmmes in accordance 'with the provisions of Section 10. These items are railed "Escrow
Items." .Ar origination or at any time dating the term of the Loan, Lender m�-yy reclaim that Comwmmity
Association Auer, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shad be an Esmow Item. Borrow= chill prproptly fiwnish to Lender all notices of amotmtc to
be paid wader this Section. Borrower Oval pay ceder the P m h for Escrow Iteres runless Leader waives
Borrowees obligation to pay the Finds for any or all Escrow hems Lender may waive Borrower's
obligation to pay to Lender Funds for any or all EserOw It at any time. Any such waiver may only be
in writing Ta the evert of such waive, Borrower shall pay directly, when and when payable, the amounts
doe for any Escrow Items for which paymen. oft hods has been waived by Lend= and, if Leader ruses,
shalt furni ti t to Lend= receipts evidencing such payment within such time period as Leader may require
Borrower's obligation to make sorb payments and to provide receipts shalt for w pupas= be deemed to
be a covenant and agreeraers contained in this Security Instrument as the phase "covenant and agreement"
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower faits to pay the amount due for an Escrow Iten Lender may exercise its rights >nder Section 9
and pay snob amount 'and Borrower ctiali then be obligated under Section 9 to repay to Leader any such
=trot. Leader may revoke the waiver as to any or ail Escrow Items at any time by a notice given in
accordance with Send= 15 and, upon such revocation, Borrower shall pay to Lender all Feeds, and is
such amounts, that are then required ired tend= this Section 3.
Lender may, at any time, collect aadhotd hinds in an =moot (a) sufficient to p=mdt Lender to apply
the Trer7c at the time specified under RESPA, and (b) not to exceed the maximum a>±totmt a lender can
require tinder RESPA. Leader shall estimate the atnonot of Fonds due on the basis of =rent dam and
reasonable estimates of expendittnes of feture Escrow Items or oth=wise in accordance whit Applicable
Law
The Funds s all be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (inducing Lender, if Lender is an instiuxtion whose deposits are so insured) or in
any Federal Flame Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time
specified tder RESPA. L nder shall not charge Borrower for holding and applying the Funds, annually
analyzing the am account, or verifying the Escrow Items, unless Leader pays Borrower interest on the
Funds and Applicable Law permits Leader to make such a charge_ Unless an age:meat is made in writing
or Applicable Law requires interest to be paid on the hlmds, Lender shall not be required to pay Borrow=
any interest or earnings on the Fends. Borrower and Lender can agree in writing, boweve, that iotaest
shall be paid on time Fonds. Lender shall give to Borrower, without chgc, an vnmeat accounting of the
Funds as rcqurrred by RESPA.
If there is a sec-plus of Funds held in escrow, as defined ender RESPA, Lender cha11 aecour to
Borrower for the access fends in accordzucc with RESPA. If there is a shortage of Fiends held is escrow,
zs defined under RESPA, Lender churl notify Borrower as required by RESPA, and Borrower shall pay to
Leader the amount necessary: to make up the shortage n accordance with RESPA, but in no more than 12
monthly payments If there is a deficiency of Ileitis held in escrow. as defined end= RES`PA Leader than
notify Boaruwc.. as required red by RESPA, and Borrower shall pay to Leader the automat necessa<y to make
m the deficiency in accordzce with. RESPA, but in no more than 12 monthly payments-
ttpoar payment in full of all sums secured by this Scarcity Tnseument, Lender shall la aimpdy refund
to Borrower any Funds held by Leader.
WYOMING Ze ck Finay_ rao4eMcNr roelde UNIFORM INSTRUME fie^ r 305 /01
WAR (TS r+veca Services M er 5 ,oQn
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4. Charges; Liens. Borrower sball pay 211 taxes, assessments, charges, flees, had impv:.iL ors
aarbrrable to the Property which car attain priority over this Security Insturttant, leasehold payments or
grroand tents on the Property, if arty, 2nd Community Association lh>es, Fees, and
the aetertt that these items are Escrow Asrarm�s, Section To
Tr. �*+c, Borrower soaII pay them in t he urwner provided in Section 3.
Borrower Shall promptly c1 —baize my lien which has priority over this Security lastrommea t unless
Borrower: (a) agrees in writing to the payment of the obligation seared by the lien in a manner acceptable
to Leader, but only so long as Borrower is p- fmrming such meat; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Leader's opinion operne to
prevent the enforcement of the lien wiu1e those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agree eat satisfactory to Leader' sabordin ng
the liehto this Se itylnst oment. In:an derdeterminesthatanype ;to£tbelzapectyissubject to a &t w&
can attain priority over this Security Instrument, Lend= may give Borrower a notice identifying the lien.
Within 10 days of the date oar which that notice is given, Borrower shall satisfy the lien or take one or
more oftbe actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
repect rig service Usedby Leader m connection with the Loan.
5. Property Insurance. Bexrowea shall keep the improvements now existing or homer erected on
the Property insured against loss by Ere, hazards included within the teem "extended coverage," and any
other hazards including, but not limited to, eruthtltrakes axed floods, for which Lender =quiz' es insurance.
Ibis
insurance shall be maintained in the amounts ('including deductible levels) had for the pe iods that
Condor requires. What Lender•requires pursuant to the preced ng sentences can change curing the term of
the Loan_ The insurance carrier providing the ins,uTMna chart be chosen by Borrower subject to Lender's
right to disapprove Borrows choice, which right shall not be exercised unreasonably. Lender may
require Bo: cower to pay, in connection with this Loan, either- (a) a one-time -1.otrze for flood rave
determination, cation and trading services; or (b) a one-time charge for good zone determination
and certification swear and subsequent cbarges each time rcrnappings or vi•nirar changes occur which
reasonably might affect such detemra aion or c fieaion- Borrower chart also be responable for the
payment of any fees imposed by the Federal Emergency Management Agency in connection whit tae
review of any flood zone detezminatioa resoltiog from an objection by Borrower_
If Borrower fails to maintain any of the coverages described above, Lender may obtain inswaace
coverage, at Lender's option and Borrower's expense._ Lender is under no obligation to pm-chase any
pmticvlar type or amount of coverage. Thccd^bre, such coverage shall cover X.eode but might or might
not protect Borrower, Borrower's equity is the Propery, or the contents of the Property, against any risk
lizard or liability and night provide rrr• or lesser coverage than was previously in effect Borrower
acknowledges that the cost of the insurance coverage so obtainal might significantly exceed the cost of
insurer= that Box have obtained: Any amounts disbursed by Lander under this Sou S shall
berme additional debt of Borrower seared by this Security Instrument. These anotmts shall be= into r
at the Note rate from the dare of disbursement nt and chart be payable, with such interest npoa nod= from
Lender to Borrower requesting payment.
AIL
insurance policies regnired. by Leader and renewals of sack policies shall be subject to Lender's
zighr to disapprove such policies, shall inc'lydr a standard mortgage clause, and shall name Leader as
mortgagee and/or as an additional Ioss payee. Lender churl have the right to hold the policies and renewal
certifir-Pres. If Lender requires, Borrower shall promptly give to Leader alt receipts of paid prcnritteis and
renewal notices. If Borrower obtain any fame. of insurance coverage; not othcrwis e required by Lender,
WYOMING -nn o -Verne Meel'.tedae Mac UNlFOPM NS RUMFA2^OT6468Ci24 °i1r. Fdm 305Vllm1
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fax damage to, or deZuction of, the Property, such policy shall include a 7dard mortgage clause and
Sha11 nmae Lender as mortgages; and/or as as additional loss payee.
In the event of loss, Borrower shall give prompt notice to the ionn ice metier and Lender. Lender
may melee proof of loss if not made promptly by Borcowcr. Unless Leader acid Borrower otherwise agree
in writing, any insm proceeds, whether or not the rmderlying rosin ne was refired by Lender, shall
be applied to restoration or repair of the I\vperty, if the restoration or repair is economically feasible and
Lender' s serenity is not lessened. Dining such repair and restoration period, Lander shall have the right to
hold such insurance proceeds %rani Lender has had an oppordmity to inspect such Property to ensure the
work ha been completed to Lcnd's satisfaction, provided that such inspection 0.41 be undertaken
promptly. Leander may disbsxse 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 insurance proceeds, Lender shatl not be required to pay Borrower may
inter or earnings on such proceeds. Fees for poblio adjusters, or other third parties, retained by
Borrower tha11 not be paid out of the insurance proceeds and shall be the sole obli Con of Borrower. If
the restoration or repair is not economically £easrble or Lender's sear±ty would be lessened, the msunanee
proceeds s'4211 be applied to the sums seeined by this Serenity Instrument, whether or not rhea due, with
the excess, if any, paid to Borrower. Such insurance proceeds 01211 be applied ict the order provided for in.
Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available ice
claim and related =teas. If Borrower does not respond within 30 days to a notice from Leader that the
insu mnce easier has offered to settle a. claim, then Leader may negotiate and settle the claim. The 30-day
period will be when the notice is given. in either event, or if Lender ay/times the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the aunotmis unpaid under the Note or this Security Jnstrra ent, and
(b) any other of Bouowe:'s ri (other than the right to any refund of umemnod premiums paid by
Borrower) under all insurance policies covering the Property, insofar as each rights arc applicable to the
coverage of he Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Secosity Instrument whether or not then due:
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
reside= within 60 days after the execution of this Secaity In. str =neat and shall =urine= to occupy the
Property as Borrower's principal xesideace for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent iha1l not be =reasonably whi held, or unless extenuating
cir-umstances exist which. are beyond Borrower' s control
7. Preservation, Maintenance 'and Protecdof of the Property; Inspections- Borrower shall not
destroy, ra,rage 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
coder to prevent t$o Property from deteriorating or dig in value due to its condition. Unless it is
determined pursuant to Sec ion 5 that repair or restoration is not ex comically feeble, Borrower chili
promptly repair the Property if damaged to avoid further dete iorztion or eim -esge- If insurance or
condemnation proceeds axe paid in connection with dam.' a to, or the taking of; the Property, Borrower
chaff be responsible for repairing or restoring the Property only if I eerie- has rdcased proceeds for seeh
pm Lender may disburse proceeds for the repairs and restoration in a single payment =ha a series of
progress paymcnts's as the work is completed_ If the insurance or condenmarion proceeds are not sufficient
D VENN
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Wplcem Anwar r+nende[ Services 1144211E Pp. 7 d 18
to repair or =store the Property Borrow= is not rnlievcd of Borrowers obligation for the completion of
such repafr or restoron.
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 tae improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior hispection specifying such reasonable cause.
S. Borrower's Loam Application. Borrower shall be is default drniaag the Loan application
process, Borrower or any persons or elides acting at the direction of Borrower or with Borrower s
lmowledge or coaseut gave matcxiaUy false, misleading, or inaccurate information or statements to Lender
(or filed to provide Leader with. material bafoumatlon) in oo on .with the Loan Mareial
representations include, bet are not limited to representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9_ Protection of Leader's Interest in the Prropetty and knights Under this Security Imslranrcnt If
(a) Borrower fags to perform the covenants and agreements contained in this Scanty Instrument, (b) there
is a legal proceeding that might sic' i catty affect Lender's iota= in the Property and/or ruts under
this Seemity Instrument (such as a procaedmg in bankruptcy, probate, for won or forfeiter; for
enforcement of a lien which may Mahar priority over this Seen city Instrument or to enforce laws or
regulations),' or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's imrrest in the Property and rights under this Security
Instrument, inctndmg protecting and/or assessing the value of the Property, and securing and/or rcpahing
the Property. Leader's actions can include, but ace not limited to: (a) paying any sins secured by a lion
which bas priority over this Secuity Instument; (b) appzn gin :evert; and (c) paying reasonable
attorneys' fns to protect its interest in. the Property and/or rights Hader this Security Insrru ma t, mdnd mg
its sired position in a banicr ptey proceeding. Searing the Property includes, bat is not limited to
entering the Property to make repairs, change loam, replace or board up doors and windows, drain ware;
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities timed
on or off Although Lender may take action ender this Section 9, Lender does riot have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
Any amounts disbursed by Leader under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Islote rate from the dare of
disbcrscmcnt and shall be payable, with sacra interest, upon. notice from Lender to Borrower requesting
Payment
If this Security Instrument is on a leasehold, Borrower 16311 comply with all the provisions of the
lease. If Borrower acquires fee title to the property, the leasehold and the foe title shall not merge unless
Lender agnaes to the merger isle writing.
10. 11 forage Insurance. If Lencla required Mortgage Tisseanr a as a condition of making the Loan,
Borrower cb1a11 pay the premiums =geed to maw the Mortgage Insorance in effect If, for any reason,
the Mortgage Insurance coverage remifred by Lender ceases to be available from the mortgage brsuter tent
previoasky provided such insurance and Borrower was required to make separately designated payments
toward the premi n s for Mortgage lase Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previonsly in effect, at a cost slim' tantiat y
equivalent to the cost to Borrower of the Mortgage Insutance'preciously in effect, from an alternate
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mortgage insurer selected by Leader. If subs mially equivalcut Mort ?insurance coverage is not
available, Borower 11 con: lane to pay to Lender the =mat of the separe y designated payrneats that
weee due when the insurance coverage cessed. to be in affect Lends 'will accept, use and retain these
payments as a tabu- refenda' ale Ions reserve is lien of Mortgage Insurance Such Ioss reserve shall, be
non-refundable, notwithstanding the fact that the Lorca is ultimately paid in full, and Lea der shall not be
required to pay Borrower any interest or earnings on such loss reserve_ Lender can no longer =wire loss
reserve payments if Mortgage 1nsomece oovt~age (m the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender rozoires
separately designated paymets towardtbc premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of Ong the Loan and Borrower was required to mile- separately designated
payments toward the premiums for Mortgage Inswraace, Borrower shall pay the preeaie:es required to
maintain. Mortgage Insurance in effect, or to provide a non- refundable loss reserve, =MI '.elder's
requirement for More Insurance ends in accordance with any written ageccaent between Borrower and.
Lender previdmg for such termination or until termination is requrircd by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest =the rate provided in the Note.
Mortgage Iasn ace reimburses Lender (or airy entity that purchases the Note) for certain lasses it
mayineerifBoaowecdoesnotrepaytbe Loan as agreed. Borrower is not a party to the Mortgage rnsnx
Mortgage insurers evaluate their total risk oa all such insurance in force from time to time, and may
enter into at eenheses with other parties that share or modify their risk, or reduce Losses. These agt'ectoeats
are on terms and conditions that are satisfactory to the mortgage ins ter and the other party (or parties) to
these a erneats. Those ag eel may require the mortgage insurer to make payments using any source
of fends that the mortgage iostr= may have available (which may include funds obtained from Mwteege
Insurance premiums).
.As a result of these agreements, Lender, any purchaser of the Note, soothe insurer, any reinsures,
arty other entity, or any affiliate of any of the foregoing, may reeeivc (directly or indirectly) amounts that
derive from (or might he ohm-admixed as) a portion of Borower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insuzees risk, or reducing losses. If such a reement
provides that an of 1i to of Lead= takes a share of the insurer' s risk in exchange for a share of the
prezei nns paid to the insurer, the arrangement is often teaooed "captive relosara0eC." Firth=
(a) Any such nrtirments will not affect the amounts that Borrower has agreed to pay for
Mortpge Insurance, or any other terms of the Loan. Such. aggreenhcnts veal not increase the amount
Borrower wi"II owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements well not affect the rights Borrower has if any with raped to the
Mortgage Insurance under the T3onroowaers Protection Act of 1998 or any other law. These rights
may inclucdethetight to receive certain diselosares, to request and obtain cancellation of the Mortgage
Insurance, to have the Mort rnswrance terminated automaticOn and/or to receive a refund of any
Moxtga ernsatranceprem ;nmsthatwerennearnedattbethne ofsnch cancellation or termination.
11. Assigareent of IVfuee11aneoas Proceeds; Forfeiture. All MrsceUa mono Proceeds are hereby
assigned to and sball be paid to Lender.
If the property is damaged, such Miscellaneous Proceeds shall be applied to xestaraaion or repair of
the Property, if the restoration or repair is economically feasible and Lender's serarity is not lessened.
During such =pair and restoration period, Leader shall belied= right to hold such MiiseeIlaneons Proceeds
noel Lender bas bad an opporamity to inspect shah Property to ensure the work has been completed to
Leader's satisfaction, provided tbat such inspection cl,att be undertaken promptly. Leader may pay for the
WYOMING -sngie rat"3y. Ftvrie, MeedFrockte M, U i
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repairs and restoration in a single disbursement or in a series of progress paymcmis as the work is
completed. Unless an. agree neat is made in writI g or Applicable Law requires interest to be paid on snob
Miscellaneous Proceeds, Lender shall not be required. to pay Borrower any interest or earnings on such
Ivfiscellaneoas Proceeds If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the shoos seared by this Security Instrument,
whether or not then doe, with the careers, if any, paid to Borrower. Such Miscellaneous Proceeds ettatl be
applied in the order provided for in Section2.
In the event of a total talmig, .destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secaued by this Secuity Inshrnnennt, whether her or not then due, with
the excess, if any, paid to Borrower.
Iu the event of a partial taking, destruction, or loss in valve of the Property in which the far market
value of the Property immediately before the partial taking, destruction, or loss in valve is equal to or
greater than the mount of the sums secured by this Secmity Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Leader otherwise ap.v in 'writing, the manor
secured by this Security Instalment shall be reduced by the amount of the /vEscellancous Proceeds
amfltiplied by the following fraction: (a) the total amount of the sums seemed TrnmoriatP y before the
partial taking, destruction, or loss in value divided by (b) the fain: market value of the Property
immediately before the partial taking, destrucdon, or loss in-value. Any balance shall be paid to Borrow=
in the event of a partial taking, destruction, or loss in value of the Property in; which, the fair market
vain of the Property immediately before the partial taldnb, destruction, or loss in valve is less than the
amount of the sums exceed immediately before the partial taring, destruction, or loss in valve, =less
Borrower and Lender otherwise agree ixr writing, the Miscellaneous Proceeds eha1T be applied to the suns
secured by this Security Immure= whether or not the scans 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 erotic a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Leedcr is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against wholes Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in rt fault if any action or proceeding, wbe tier cavil or dal, is begun. that, in
Ixode('s judgment, could result rim forfeit= of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can core such a. default and, if
areeIeration has occurred, .reinstate as provided in Section 19, by causing the action or proc000dg to be
dismissed with a ruling tbai in Lender's judgment, preludes forfeiture of the Property or other material
imp irmeat of Lend& s interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender' s interest is the Property
are hereby assigned and matt be paid to Lender.
All TvheMlSavPous Proceeds that are not applied to zestoza or repair of the Property naafi be
applied in the order provided for in Section 2
12. Borrower Not Released; Foxbcmrance By Lender Not a Waiver. note nsian of the time for
payment or modification of amor»tion oldie sews scoured by this Sehraity Instrument granted by Leander
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower_ Leader shall not be required to commence proms against
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any Successor in Intro —est of Borrower or to refuse to extend time for payment or oth=wise modify
amortization of Sue stnvs seared by this Serenity t stamens by reason of any deemed made by the original
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercisong any right or
remedy including; wirhoat limitation, Isrodrts acceptance of payments from third pe:soas, entities or
Successors in Interest of Borrower or n amorous less than tine =omit then due, shall not be a waiver of or
preclude the exercise of any right or reatedy.
13. Joint and Several LSabIiltp; Co- siger's Successors and Assigns Botm& Borrower covenants
and agrees that Borrower's obligations and liability 'ball be joint and several. However, any Borrower who
co -signs this Security bastrumterx but does not execute the Note (a "co-signer"): (a) is co-sigoiag this
Security Instrument only to mortgage, grant and convey the co- signer's intmmt in the Property under the
terms of this Sectclry Inst: r (b) is not personally obligated to pay the sus secured by this Serenity
Instratncnt; and (c) agrees that Lender and any other Borower can agree to tested, modify, forbear or
make any accoxranodations with regard to the trams of this Security Insimmneat or the Note without the
co-signeds consort
Subject ao the provisions of Section 18, any Scccessor in Interest of Borrower who 9K111Y1Ps
Borrower's obligations under this Serenity Instrument in writing, ands approved by Lender, shalt obtain
all of Borrower's rights and benefits under this Serenity tndr axieu B orrower ohail not be released from
Borrower' s obligations and liability trader this Security Inskpment Unless Leader agrees to such release in
writing. The covenants and agreements of this Security Instatmeut sh-all bind (except as provided in
Section 20) and benefit the successors and assigns of Leade<.
14. Loan Charges. Lender may charge Borrower fees for services performed in cormection. with
Borrower's elPfantt for the purpose of protecting Leader's interest in the Property and rights under this
;enmity Instrument, including, but not limited to, attorneys' fees, property inspection and valuation feces
In regard to any other foes, the absence of express authority in this Security Instrument to charge a specific
fee to Borrower sbaU not be construed as aprehibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Serenity Instrument or by Applicable Law.
If the Loan is subject to a law which sets waxirrann loan charges, and that law is fara]ly interpreted so
that the interest or other loan charges collected or to be collected in couuection with the Loan exceed the
permitted limits, thee: (a) any such loan charge shall be reduced by the amount necessary to reduce the
dl2rge to the permitted limit; and (b) any wens already collected from Borrower which exceeded permitted
limitswillberefunded to Borrower. lender Wray choose to make this refimd by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a retinal reduces principal, the reduction
well be treated as a partial prepayment without any prepayment charge (whether or not a prepayment
charge isprovidedfor under the ?Vote). Borrower' acceptance of any such refund made by direct payment to
Sorrow val l constibnteawaiver ofanyright of action Borrower mica have arising out of such overcharge.
15. Notices. All notices given by Borrower or I rndP' is connection with this Security Instrument
must be in writing_ Any notice to Borrower nt connection with this Secuuity bast-cane= sball be deemed to
have been given to Borrower when mailed by fast class mail or whim actually delivered to Borrower's
notice address if seat by other mean._ Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly =attires otherwise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Botrawer shall promptly
notify Lender of Borrower's change of address. If Leader spectres a. procedure for re ortsng Borrower's
=mem e vow
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change of address, then Borrower ehatE only report a change of address through tbm specified pros ednr e.
There may be only one ded,rnted nod.= address under this Security lostramem at arty one time. Amy
notic to Leader shall be given by delivering it or by mailing it by first class mail to Lender's address
stated herein =less Leader has designated another address by notice to Borrower_ Any notice in
connection with this Security Instrument month not be deemed to have been given to Lender ma actually
received by Lender. If any notice requited by this Security Instrument is also required render Applicable
Law, the Applicable Law requirement will satisfy the co sponding requirement under this Security
Instrument.
16. Governing Law; SeverabRilty; Rules of Construction_ This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Props -ty is locxmd. All rights and
obligations contained m this Security Instrument are subject to any relnitements mad limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be sweat, but such silence shaTT not be construed as a prohibition against agreement by contract In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict ct,aTI not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security ity Instrument; (a) wards of the masculine gender shall mean and include
corresponcrrag neater words or words of the feminine gender; (b) words is the singular shall mean and
include the plural and vim versa; and (c) the word may" gives sole discretion without any oblivion to
tae any action_
17, Borrower's Copy. Borrower shall be given one copy of the Note and of tbis Secsaty Irst anent
13. fifer of the ]Property or a Beneficial Interest in Borrovrex. .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 transferal in a bond for deed, contract for deed, imstallmeat sales contract or
escrow agreement the imam of which is the trate= of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Tntettst in the P.wokerty is sold or tramsfened (or if Borrower
is not a natural person. and a beneficial interest in Borrows is sold or transferred) without Lender's prior
written consent, Lender may i tziuixc immrrliatr paymeet in full of all sums secured by this Seanity
Instrum However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Leader shall give Borrower notice of acceleration_ The notice sb411
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower roust pay all arms seared by this Security Instrument If Borrower fails to pay
these sums prior to the expiration of this period, Leader may invoke any reoomcdics permitted by this
Security Insnmscar witbAte father notice or demand eon Bo'reower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower mean certain conditions,
Borrower snail have the right to have enforcement of this Security Instrument discontinued ax any time
prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrrmaert (b) such other period as Applicable Law might specify for the termination of
Borrower's right to -1-instate; or (c) easy of a judgment =feting this Seemity Instrument Those
conditions am that Borrower. (a) pays Leader all sums which then would be due tinder this Security
Instrument and the Note as if no acceleration bad ocximsed; (b) cues any default of any other covenants or
WY POr NG Zook Fun7y -Fenwe Moo/Fnodde Mac UNIFORM INSTRUMENT
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its: (c) pays all etperses incurred in erforelng this Security Insatt>mcat, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees inarcred for the
purpose of protecting Lender's interest in the Property and rights made: this Setariity Instrument; and (d)
takes such action as Lender may rcisohably require to assure that Lender's interest in the Property and
rights coder this Security Testament, and Borrower's obligation to pay the sums secured by this Scarcity
Instniment, char continua =changed: Lender may sere 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 chards treasures' s check or cashier's cheek, provided any such check is drawn upon
an institution whose deposits are insured by a federal agency, instrumental.ity or entity; or (el) Electronic
Ponds Txansfm. Upon reirstateament by Borrower, this Security lnstrazed and obligations secured herby
shalt remain folly effective as if no acceleration bad occurred. Howcve this right to =hostile sha11 not
apply in be case of acceleration tinder Section 18.
20. Sale of Not Change of Loan. Servicer; Notice of G evanee. The Note or a partial interest in
The Note (together with this Security Interment) can be sold one or more times without prior notice to
Borrower. A sale might rustle in a change in the entity (k mown as the "Loan Service') that collects
Periodic Payrncats due =dm. the Note and this Starchy Instrareeut and performs other mortgage loan
servicing obligations trader the Note, this Security Instrument, and Applicable Law. There also might be
one or more chants of the Loan Servicer =related to a sale of the Note. If there is a. change of the Loan
Service, Borrower wnl be given written notice of the change wlrich will state the name and address of the
new Loan. Service the ad&ess 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
serviced by a -Loan Servicer othr than the purchaser -of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loa* Sctviccx or be transferred to a vnerres' r Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may comnte ere, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursnaut to this
Security TnstrTrocat or that alleges that the other party has breached any provision of or any duty owed by
reason o>; this Security Instrument, uotd such Borrower or Lender has notified the other party (with such
nodce even in compliance with the requirements of Section 15) of such alleged breach and afforded the
other pasty hereto a reasonable period after the giving of satin notice to tyke corrective action. If
Applicable Law provides a time period which most elapse before certain action cal be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opporemity to care given to Borrower pas= to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
2L Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or haaardous substances, pollutants, or wastes by Enviroremernal Law and the
following substances gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatfe solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Favizonmeatal Late" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or enviromnental protection; (c) "Environmental Clcanmp" includes any response
action, remedial action, or removal action, as defined in Enviromuental Law; and (d) as "Envzrormmeutal
Condition" mess aconditionthat can cause, contribute to, or otherwise trigger an Eavirouraental Cleanup.
WYOMING .Single Rely Fenn% MeaIFroddo Mae UNIFORM NLSTAUTCENr Fapa 305'1
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Borrower stall not terse or peoandt tine present*, tae, spose], storage, or release of any Hazardous
Slointakes, or *6neaten to rele se any Iimcardons Stiestaates, on or bathe Property. Borrower snail not do,
or allow anyone else to do, anything affecting the Property (a) that is in violation of any Enviromaaeatal
Law, (b) which creates an Errvironnacatal Condi or (c) which, due to the presenm, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the. Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small Mies of
Hazardous Substances that are generally recognized to be appropriate to normai residential is and to
reafrrteeanee of the P r o p e r t y m d u o i n g b u t not l i m i t e d to b a a z a d o u s substances i s co ma products).
Borrower shalt promptly give Leader written notice of (a) ray investigation, claim, demand, lawsuit
or other action by any govet tad o• regulatory egency 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, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Santa= which adversely affects the value of the Property. If Borrower learns, or is scoffed
by any governmental or regulatoxy a>1tbority, or any private party, that any removal or other reme.dlation
of any Reettolous Substance affecting the Property is necessary, Borrower shall promptly take ail necessary
remedial actions in accordance with Environmental Law. Nothing herein sbaU create any obligation on
Lender for an Environmental Cleanup.
NON- tfNIFORM COVENANTS_ Borrower aced Leader tad= covenant aid agree as follows:
22- Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Seooxity Instru (brit not nor to
acceleration under Section I8 unless A.pplirrable Law provides otherwise). The notice shall specify: (a)
the riefsnt4 (b) the action required to care the default; (c) a date, not less than 30 days from the date
the notice is given to Borrower, by which the default must be cored; and (d) that fai u a to core the
default on or before the date specified in the notice may resoXt in acceleration of the sums secured by
this Socmrity Iastromaceut and sale of the Property_ The notice sbaf further inform Borrower of the
r gb to reinstate after acceleration and the right to bring a court action to assert the non- esistente of
a default or any other defense of Borrower to acceleration and sale. If the default is not cared on or
before the date specified in the notice, Lender at its option may require imamate payment ire fall of
all suns secured by this Security Tmstrument without further demand and may invoke the power of
sale and any other remedies permitted by Applicable Yaw. Lender shall be entitled to collect all
expenses marred in pursing the remedies provided in this Section 22, including but not limited to,
reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall, give notice of intent to foreclose to Borrower
and to the prison in possession of, the Property, if afferent, in accordance with Applicable Law.
Lender shall eve notice of the sale to Borrower in the manner provided in Suction I5. Lender shall
publish the notice of sale, and the Property shalt be sold in the manner prose ;bed by Applicable
Law. Lender or its 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, indnding, but not Broited to, reasonable
attorneys' fees; (b) to all sinus secured by this Security Xnstrometat and (c) any excess to the person
or persons le, a ly entitled to it.
23- Release. Upon payment of all sums seeaaedby this Security Instruct, Lender shall release this
Seanity Xnstentent. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for
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releng this Security Instrument, but only if the fee is paid to a third party for =view rendered and the
dearging of the fee is petted tmde; Applicable Law.
24.. Waivers. Borrower releases and waives all rights tinder and by virtue of the homestead exemption
laws of Wyoming_
BY SIGNING 13& OW, Borrower accepts and agrees to the terms mad cove=rts contained in this
Smarty Sustxu®ent and in any Rider exe=rted by Borrower acid recorded with it.
Witness=
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LOAN: 2200468529
ADJUSTABLE RATE RIDER
(1'Year Treasuiy Index Rate Caps)
THIS ADJUSTABLE. RATE RIDER is made this 07th day of Aug, 1st '01.4 and is
incorporated into and shall be deemed to amend and supplement The Mortgage, Deed of Trust or Security Deed (the
'Seatriity Instrument) of the same date given by the undersigned (the "Borrower to secure Borrower's Adjustable
Rate Note (the "Note) to U.S. Bank N.A.
(the "Lender") of the same dale and covering the property descnhed in the Security lnshunent and located:
1278 f.otinty Road 120. Thayne. WY 83127
'Property Address]
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE
AND THE MONTHLY PAYMENT. THE NOTE LOAM THE AMOUNT THE BORROWER'S
ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM
RATE THE BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Seauhty
Instrument, Borrower and Lender further covenant and agree as follows:
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial interest rate of 3 750 The Note provides for changes In the
interest rate and the monthly payments as follows
4. INTEREST RATEAND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate 1 wilt pay may change on the fr:st day of Pitithi.mhe 7091
and on that day every 12th_ month thereafter. Each .date on which my Interest rate
could change is called a'Change Data'.
(B) The Index
Beginning with the fast Change Date, my interest rate will be based on an Index. The Index"
is The weekly average yield on United Stales Treastay securities adjusted to a constant maturity
of 1 year, as made available by the Federal Reserve Board. The most recent Index figure
available as of the date45 days before each Change Date is called the 'Current Index'.
tfthe Index i, no longer available, the Note Holder will choose a new index which is based
upon comparable information. The Note Holder will give me notice of this choice.
US5201 ARM Rider 3223
Revised 512005
2200468529 Page 1 of3
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BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in this adjustable Rate
Rider_
Jason A Moffat
if all or any part of the Properly or any Intent in the Property is sold ortransferred (or if
a Borrower is not a natural person and a beneficial Interest in Borrower is sold or
transferred) without Lenders prior written consent, Lender may require irnmed'rate payment
in frill of all sums secured by this Security Instrument However, this option strait not be
exercised by Lender h such exercise is prohibited by Applicable Law
Lender also shall not exercise this option M (a) Borrower causes to be submitted to Lender
information required by Lender to evaluate the intended 'transferee as if a new loan were
being made to the transferee; and (b) Lender reasonably determines that Lenders security
will not be impaired by the loan assumption' and that the risk of a breach of any covenant oc
agreement inthis Security Instrument is acceptable to Lender.
To the extent permitted by Applcable Law, Lender may charge a reasonable fee as a
comtlion to Lender's consent to the loan assumption. Lender may also require the
transferee to sign an assumption agreement that is acceptable to Lender and that obbgates
the transferee to keep all the promises and agreements .Trade in the Note and in this
Security Instrument: Borrower will continue to be obligated underthe Note and this Security
Instrument unless Lender releases Borrower in writing_
If Lender ex�ses the option to require immediate payment in full, Lender shall give
Borrower notice of acceleration. The notice shalt provide a period of not less than 3D days
from the date the notice is given in accordance with Section 15withm which Borrower must
pay all sums secured by this Security Instrument If Borrower fails to pay these sun= prior
to the expiration of this period, Lander may invoke any rernedes permitted by this Security
Instrument without further notice or demand on Borrowe
Borrower
(seal)
Borrower
(Seal)
Borrower
(Seal)
Borrower
USB2o1 ARM Ridor3223 2200468529
Revised 5f2005
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Borrower
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Borrower
Page 3of3
SECOND ROME RIDER
THIS SECOND HOME RIDER is made this 07th day of August:, 2014
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed
of Trust, or Security Deed (the 'Security Instrument") of the same date given by the
undersigned (the "Borrower" whether there are one or more persons undersigned) to secure
Borrowers Note to rLS.. Bank N.A..
(the "Lender of the same date and covering the Property described in the Security
Enstrument.(the "Property"), which is located at:
1278 Comfy 1 oad 120, Thapne, AY 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 shat! occupy, and shall only use, the Property as
Borrower's second home. Borrower shall keep the Property available for Borrower's
exclusive use and enjoyment at all times, and shalt not subject the Property to any
timesharing or other shared ownership arrangement or to any rental pool or
agreement that requires Borrower either to rent the Property or give a management
firm or any other person any control over the occupancy or use of the Property.
3. Borrower's. Loan Application. Borrower shall be in default if, during the Loan
application process, Borrower or any persons or entities acting at the direction of
Borrower or with Borrower's knowledge or consent gave materially false, misreading,
or inaccurate information or statements to Lender (or failed to provide Lender with
material information) in connection with the Loan_ Material representations intrude,
but are not limned to, representations concerning Borrower's occupancy of the
Property as Borrower's second home.
.2200468529 D V365R
IIAULI!STATE SECOND HOME RIDER Single Family Fannie Mae/Fred:5e Mac UNIFORM
INSTRUMENT
3890 1/04 Page 1 of 2 Initials:
.3658 {0811) VMP Mortgage Solutions, Inc. (800)521 -7291
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