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HomeMy WebLinkAbout979283I I After Recording Return To: PLAGSTAR BARR 5151 CORPORATE DRIVE TROY, MI 48098 FINAL DOCUMENTS, MAIL STOP W -535 -1 \°‘A \O \3 V1 WBCD LOAN If 504208022 979283 11/12/2014 4:32 PM LINCOLN COUNTY FEES: $42.00 PAGE 1OF 11 BOOK: 843 PAGE: 291 MORTGAGE JEANNE WAGNER, LINCOLN COUNTY CLERK I 1111111 1111111111 11111 111 1 111111111 111111111 1111111111 111111111 11 1 111 1111 1111 ESpece Above This Lino For Recording Data] M d RTGAGE IV►IPi 10114632014Q930.0,02 MERS PHONE 4: 1- 888679 -6377 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of Words used in this document are also provided in Section 16. (A) "Security Instruient" means this document, which is dated NOVEMBER 12, 2014 together with all Riders to this document. (B) "Borrower" is MICEIAEL R sLABAUGH. Borrower is the mortgagor under this Security Instrument. (C) "NIERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely 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 Delaware, and has an address and 'telephone number of P.O. Box 2026, Flint, MI 48501 -2026, tel. (888) 679-MERS. (D) "Lender" is WEBER STATE FEDERAI, CREDIT UNION. Lender is a CREDIT UNION, organized and existing Lender's address is under the laws of tJTArs 4140 SARRI5ON BLVD, OGDEN, UT 84403. (E) "Note" means the promissory note signed by Borrower and dated NOVE 12, 2014. The Note states that Borrower owes Lender **ONE SUNDRED NINETY EIGEHT TSOt7SRND FOUR HUNDRED AND NO /10; *+t, A- **,r *Or* *a Dollars (U.S. $198,400.00 plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECEMBER 1 2029. (F) "Property" means 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. (H) "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 aPPlicabie]: I ISecond Home Rider 1 IAdjustable Rate Rider I ICohclominium Rider 0 Balloon Rider I x I Planned. Unit Development Rider I I Other(s) [specify] 1 -4 Family Rider I I Biweekly Payment Rider OVA Rider (I) "Applicable Law" means 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 final, nod appealable judicial opinions. (J) "Community Association Dues, Fees, •and.Assessrrients" means' all:dues assessments and other charges that are imposed on Borrower or the Property by e condominium association; horpeowners association or sirriilar organization. (K) "Electronic Funds Transfer" means anytrarisferoffunds, otherthan:a:transactiori originated by check,' draft; or similar paper instrument, which is initiated through an e.lectronicterminal; telephonic instrument, computer; or Magnetic tape so as to order, instruct, or authorize.a financial institution to debit or credit an Such'term includes, but is not limited to, point-of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. WYOMING Single Family Fannie Mae /Freddie Mac UNIFOrtM INSTRUMENT Form 3051 1/01 Initials Online Documents, Inc. Page 1 of 8 EED 1212 11 -10 -2014 15:05 V1 WBCD LOAN 504208022 (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, awarci, 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 any part of the Properly; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value'arnd /or condition of the Property. (N) "Mortgage Insurance" means insurance protebtirig Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U:S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 1024), 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 Instrurent, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even If the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in interest of Borrower" 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 Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Securitylnstrurnent secures to Lender: (i) the repayrnent ofthe Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements.iander. this Security iristnirnent and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to, MFRS (solely as nominee for Lender and Lender's 'successors and assigns) and to the successors and assigns of with power :Of sale, the following described property located in the cotrn'1:Y [Type of Recording Jurisdiction] Of LINCOLN [Name of Recording Jurisdiction]: PLAT THIRTEEN (13) LOT FOR'T'Y —NINE (49) IN STAR VALLEY RANCH AS PLATTED AND RECORDED TN THE OFFICIAL RECORDS OF TEE LINCOLN COUNTY WYOMING. APN ti: 1235183220200 which currently has the address of 1442 VISTA DR, STAR VALLEY RANCE Wyoming 83127 -8015 "Property Address [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereaftera part of the property. All replacements and a dditions•shall•also be covered: bythisSecurity Instrument. All of the foregoing is referred to in this Security Instrumental the• "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 norninee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the rightto foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, 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 combines uniform 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 covenant and agree as•:follows: 1_ Payment of Principal, Interest, Escroinr.Items, .Prepayment Charges, a and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced bythe Note anaanyprepaymentcharges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pUrsuahtto Section 3. Payments due under the Note and this Security Instrument shall be rrlade in U.S. currency. However,•.if any check or other•instrurrlent•received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may.require that anyor all subsequent payments due under the Note and this Security instrument be made in one or more ofthefdllowing forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, hank 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. Payments are deemed received by Lenclerwheri received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice prgvisioris in Section15. Lender may return any payment or partial payment if the payment or partial•payments are insufficient to .bring the Loan current: Lender may accept any payment or partial payment insufficient.to.bring the Loan current; withoutwaiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in.thefuture; but Lender is not obligated to apply such payments at the time such payments are acceptecli If each. Periodic Paymeritisapplied as of its scheduled due date, then Lender need not pay interest on unappliecl':luhds. Lender may hold suoh:unapplied funds until Borrower'makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shalt either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal WYOMING., Single Family Fannie Mae /Freddie Mnc UNIFORM INSTRUMENT Form 5051 1/01 2aitials Online Documents, Inc. Page 2 of 8 E .D 1212 11 -10 -2014 15:05 [Street] 1City] V1 WBCD LOAN ,t 504208022 balance under the Note immediately prior to 'foreclosure?. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrowerfrom making payments due under the Note and this Security Instrument or performing the covenants and agreements secured 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 iri the.following order of priority: (a) interest due under the Note; (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 amounts shall be applied firstto late charges, second to any otherarnounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the fete charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received frorn'Borrower to the 'repayrnent of the Periodic Payments if, and to the extentthat, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied teeny late charges due. Voluntary prepayments shall be applied first to any prepayment charges 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 clay Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds to provide.forpayrnent of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encurnb rariceon the Property; (b) leasehold payments or ground rents on the Property, if arty; (c) premiums for any and all insurance required by Lender under Section 5;-..and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These iter is are called "Escrow;Iterns." At Origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fee.s, and if any, be escrowed by Borrower, and such dues, fees and assessments shall bean Escrow Item. Borrower shall promptly furnish to Lender all notice of amounts to be paid under this Section. Borrowershall pay Lender the•FUnds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender rriay•waive Borrower's obligation to pay to Lender Funds for any or all Escrow items at any time. Any such waiver may only in writing, In ti le event of such waiver, Borrower shall pay directly, when and where payable, the arriquritsdue for any Escrow•Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shaflfor all purposes be doeined to be a covenant and agreementcontained in this Security l nstrument, asthe phrase "covenant and agreement" is used in Section 9. if Borrower is obligated to pay Escrow items directly, pursuant to awaiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise 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 Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required'under this Section 3. Lender may, at any time, collect and hold Furids in an amount (a) sufficientto permit Lender to apply the Funds at the time specified under RESPA, and (b) notto exoeed the maximum amoUrita lender can regUire under RESPA: Lender shall estimate the amount of Funds due on the basis of current data and reasonable estirhates of expenditures of future Escrow Items or otherwise in a000rdance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in arty Federal Home Loan Sank. Lender shalt apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall.not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrowltems, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make.such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds; Lender shall not be requires! to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interestshall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as. required by RESPA. Ifthere is asurplus of Funds held in escrow, as defined under RESPA, Lendershall accountto Berrowerforthe excess funds in accordance with RESPA. Ifthere 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, but in no m orethan 12 monthly payments. Ifthere is a.deficiencyof Funds lield.in escrow, as defined under RESPA; Lender shall notify Borrower as required by RESPA, -and` Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all Burns secured by this Security Instrument, Lendershall promptly refund to Borrower any Funds held 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 Securitylnstrument, leasehold payrrierits or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extentthatthese items are Escrow Items, Borrower shall pay them in the manner 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 payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good.faith•by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (0) 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 tray 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 Borrower to pay a one-time .ch arg e for a real estate taxverification 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 fire, hazards inclucied•within the tern "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, "forwhieh Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and'forthe.periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the.:terrn 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 right shall not exercised unreasonably. Lender may require l3orrowerto pay, in connection with this Loari, either: (a) a one -time chargeforflood WYOMING Single arnily— Fannie Mae /Frecidie Mac !UNIFORM 1NSTRUM>=NT Form3051 9/01 Ina Online Documents, Inc. Page 3 of 8 YEDEED 1212 11 -10 -2014 15:05 V1 WBCD LOAN 504208022 zone determination, certification and tracking services; or (h) a one -time charge for flood zone determination and certification services and subsequent charges each.time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by •the Federal Emergency Management Agency in connection with the review of any flbod zone determination resulting from an objection by Borrower. If Borrower fails to maintain any 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 amount of coverage. Therefore, such coverage shall cover Lender, but might or alight not protect Borrower; Borrower's equity in'the Property, or the contents of the Property, against any risk; hazard or liability and might provide: greater or lesser: coverage titan was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained Might significantly.exceed the cost ofins urarice that Bo mower could have obtained. Any amou nts.disbursed by lender uhd ertiils Sectibri 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest-at the Note rate•fi om the date of disbursement and shall he payable, with such Interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender arid 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, Borrower shall promptly give to Lender all receipts of paid prerriiums and renewal notices. If Barrower'obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of the Property such policy shall include a standard mortgage clause and shall name Lender as mortgagee arid /or as an additional loss payee: In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of toss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurahce, proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall 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, providedthatsuch inspection shall be Undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a• single payment or in :a series :of progress payments as the work is completed. Unless an agreement is made in writing orApplioable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or eamings on such proceeds: Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security lnstrument,whether or notthendue, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order providecl•for in Section 2. If Borrower abandons the Property, Lender mayfile,•negotiate.and settle a ny.'available claim and related matters. If Borrower does not respond within 80 days`to a notice from Lender tl7at.the insurance carrier has offered to settle a claim, tlren Lender may negotiate and settle 'the claim. The 30 -day •period will begin when the•notice is•:given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceedthe amounts unpaid uhder the Note•orthis Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence.within 60 days after the execution of this Security Instrument and shall continue to occupythe 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 prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 repair or restoration is not economically 'feasible, L3orrowi rshall promptly repairthe Property ifdarnaged to avoidfurther.deteribration or damage. If insurance or coridernnation proceeds ;are paid in connectieii wit .darnage to, orthe taking:et the Property, Borrower shall be responsible repairing restoring the Properly only if Lender has released proceedsfor.•such purposes. Lender may disburse proceeds for the repairs and restoration in a single.payment or in a series ofprogress payments as the work is completed. if the insurance or conderrination proceeds are net suffoieritto repair or restore the Property, 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 ofthe 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 Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (orfailedto provide Len der with material inforrriation) in connection with the Loan. Material representations include, but are .not limited to, representations concerning Borrower's occupancy of the Property as Borrower's•princlpal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security instrument: If (a) Borrowerfails 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 alien which may attain priority over this Security instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property;'then Lender•rriay.do and'payfor whatever is reasonable or appropriate to protect Lender's interest iri the Property and rights underthia'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 •.whioli' has priority over this Security:lnstrument; (b) appearing in court; and (c) paying reasonable attorneys" to protect its interest in the Property and /or rightsunder this Security Instrument, including its secured positio.:h iri a• bankruptcy proceeding: Securing the Property includes; but is not limited to entering the Property to makerepr:iirs,.Change locks; replace or.board•up doors and windows; dtainwaterfrom pipes, eliminate building or other codeviolations or dangerous conditions, and have utilities turned on or. off; Althougl:i'.Lender may take action under this Section' 9, Lender ddes'not have to do so and :is'not:urider any duty or obligation to do.so. it is agreed that Leader incurs no liabilityfor,not•.taking _any or•all aotions'authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this WYOMING- SIngle Family Fannie Man /Freddie Mac UNIFORM INsTnur ENT Form 3051 1/01 Initials WYEDEED 1212 Documents, Inc. Page 4 of 8 11 -10 -2014 15:05 V1 WBCD LOAN 4 504208022 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. Ifthis Security Instrument is on.a leasehold, Borrower shall complywith•all•the provisions of the lease. Borrower shall notsurrenderthe leasehold estate and interests herein conveyed or terminate or cancel theground lease. Borrower shall not, without the express written consent Of Lender; alter or amend the ground lease. if Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Leah, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage:lnsurande coverage required by Lender ceases to be available' from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments tovJard the premiums for Mortgage insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgageinsurahce previously in effect, at a'cost substantially equivalent to the cost to Borrower of the Mortgage Insurance prevlously'in effect; from, ari alternate Mortgage insurer selected by Lender. If substantially equivalentMortgagc Insurancecoverage,is not available; f3orrowershall continue to pay to Lender the arnount of the separately designated payments•thatwere due when the insurance coverage., ceased to be in effect Lender will accept, use.arnd retain these payrrients as•a non refundable loss reserve in lieu of Mortgage Insurance. Such foss reserve shall be non refundable; ricitwithstanar o het if the L e Le iS .u1t ca lodger a uire d Lender shall not be required to pay Borrower any interest or earning s n such l re Toss reserve payments if Mortgage Insurance: coverage (in the amount andfor•th_e period that Lender requires) provided 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.Loari and Borrower was required to make separately designated paysnenistowardtho :premiumsforMVlortgage .Insurance, Borrower shall pay the premiums required to maintain Mortgage lnsui;ande in effect, orto'.piovide a non refundable loss reserve, until Lender's requirementforMortgage lnsurance ends in accordance with e �w Nothing agr nthisSection e ridt providing for such 'termination or un til termination is required by App abl obligation to 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 Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from•time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage irnsurer*and the 'other• party!.(or, parties) to these These agreements may require the mortgage insurer to make payments using anysourbe offundsthatthe mortgage insurer may have available (which may include funds obtained r 'orr i e a r emiu seinsurer, any other As a result of these agreements, Lender, any p or any affiliate of any of the foregoing, may receive (directly or indirectly) ;amounts that derive' from (or might be characterized as) a portion of Borr'ower'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 insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to -pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has if any with respect to tha Mortgage Insurance under the Homeowners Protection Act of 1998 orany other•.law. Thiese rights may iricltide thie=rigtit'to receive certain disclosures, to request and obtain cancellation of the Mortgage lnsurance, to have the MVloi-tgage Insurance terminated automatically, and /or to receive'a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Properly is damaged, such Miscellaneous Proceeds shall be applied -to restoration or repair•of the Property, if the restoration or repair is economicallyfeesible and Lender's security is rnotlessened: During such repair arid restoration.period, Lender shall havetherightto hold such Miscellaneous Proceeds until.Lender had an opportianitytoirispectsuch Property to ensure th e work has been completed to Lender's satisfaction, provideelthatsush inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a.single disburrseme�n`o run es rotes of to be paid ayrn ch•M steelwork is completed. Unless an agreement is made in writing or Apps q Proceeds, Lender shall not be required to pay Borrower any interest or earnings.,on such Miscellaneous Proceeds. If the restoration or repair is not economicallyfeasible :sor•Lender's security:would.be1essened, the Miscellaneous. Proceeds shall be applied to the sums secured by this Security Instrumennt eithether.or nbt;•then':due, With'the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in theorder provided foriri Section 2. In the event of atotal taking, destruction, or loss in value of the Property) the Miscellaneous Proceeds.shall be applied to the sums secured by this Security Instrument, whether or not then due; with'the excess, if any, paid-to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which thefairmarketvalue ofthe 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 amountofthe sums secured immediately before the partial taking, destruction, or loss 'in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. An.y balance shall ;be:paid to Borrower. In the event of a partial taking, destruction, or loss in yelp e ofthe Property inwhich the fair marketvalue.ofthe Properly immediately before the partial taking, destruction, or loss in value is• less: than the amount of ;sums secured immediately before the partial taking, destruction, or. toss in value, unless 'Borrower and Lender. otherwise' agree in writing, the Miscellaneous Proceeds shall be.-applied to the sums secured by this Security lnstrurilentwhether or not the sums are then due. lfthe Property is abandoned by Borrower, or If by Lenderto Borrowerthatthe Opposing Party (as defined in the next sentence) offers to make an award to settfea.elairri•:for.damages Borrower fails to respond to Lender within 30 days after the date the notice is given; Len der: is:auiihorizedto colleet:and;applythe Miscellaneous Proceeds: either to restoration or repair of the Property or to the surrms secured by this Security.lnstrument, whether or not then due. "Opposing Party" means the third party that owes Borrower (Miscellaneous Proceeds or the party against `whom Borrower has a right of action in regard to Miscellaneous Proceeds. WYOMING—Single Fun-illy—Fannie Mae /Freddica Mac UNIFOI INSTRUMENT Form 3051 1/07 Initials iV1lYEDEED 1272 Online Documen Inc, Page 8 11 -10 -2014 15:05 V1' biBCD LOAN 504208022 Borrower shall be in default if any action orproceeding, whether civil or criminal; is begun that, in Lender's judgment, could result in forfeiture of the Property or other material iinpairrnent of,L:ender's. interest in the Property, or rights under this Security Instrument. Borrower can cure such a default and,• if acceleration has. occurred, reinstate as provided in Section 19, by causing the action or proceeding to be.disinissed with a•ruling that, in Lender's judgment, precludes forfeiture of the Property or other. Material impairment of Lender's interest in the. Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to theimpairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2, 12. Borrower Not Released; Forbearance .By Lender Nat a. Waiver: Extension of the time for payitient or modification of amortization of the sums secured .bythis Security• lnstrument.granted by Lender to Borrower or any Successor in Interest of Borrower. shall not operate td release the liability of Borrower or•any Successors. in Interest of Borrower. Lender shall not be required to commence proceedings •against any Successor in Interest of•Borrower or to refuse to extend time for payment or otherwise modify arnortizatlon ofthe sums secured this Security Instrument by reason of any demand made by the original Borrower or any Successors iri Interest of. Borrower. Any. forbearance by Lender in exercising any right or remedy-including, without limitatibri, Lender's acceptance of payments from third persons, entities orSuccessors in Interest of Borrower or in amounts less than the amountthen due,•shall notce awaiver of or preclude the exercise of any right or remedy.. 13. Joint and Several Liability; Consigners; Successors and Assigns 'Bound. Borrower covenants and_ agrees that Borrower's obligations and liability shall be joint and several. However; any Borrower who co -signs this Security instrument but does not execute the Note (a "co- signer (a) is co- signing this. Security Instrument drily to mortgage, grant and conveythe co- signer's interest in the Property under the terms ofthis Security lrist'rument; (b) is not personally obligated to 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 terrns of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, anySuccessor in Interest of.Borrower who assumes Borrower's:obiigations under this Security Instrument in writing, and is, approved by L•ender,.shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released .frorn obligatioris.•and liability under'this Security-Instrument unless Lender agrees to such refeasc•iri writing. The:covenants- and'agreements•of this Security Instrument shall hind (except as provided in Section 20) :and berietiit.the ;successors Arid assigns of Lender. 14. Loan Charges: Lender may charge Bo'rrowerfees for services performed in connection with Borrower's default, for the purpose of prdtecting Lender's interest in the Prepertyand.rights undertriis Instrument, including, butnotlimited to, attorneys' fees, property inspection and valuation fees: In regard to any other the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on e argi g of such fee. Lender may,not charge fees that are expressly prohibited by this Security instrument or by App cabl If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted.sothat the interest or other loan charges collected or to be collected in connection with the Loari exceed the permitted lirnits,'then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; arid any sums already collectedfrom Borrower which exceeded permitted limits will be refunded to Borrower.. Lenderrinaychoose. to make this refund by reducing the principal owed under the Note or by making adirectpaymentto Borrower. Ifarefund reduces principal, the reduction will be treated as a partial prepaymentwithoutany prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with th'LI.s Securitylnstrurrient:rnustbe.in writirig.Any notice to Borrower in connection with this.Security lristrumentshall be deeemed.tohave given to Borrbwer.wheri mailed byfirst class mail or when actually delivered to Borrowcr'S notice :ad dressSf sent by other means Notice to any Borrower shall constitute notice to all Borrowers.unless.Applicable.Law expressly:. requiresotherwise. The notice address.'shail,be the Property Address unless Borrower has desigriated.asubstitute notice address by noticetv.Lender:'Borrowershall promptly notify Lender of'Borrower's change of address. If Lenderspecifies a procedure forrepo.rting Borrower's change of address, then Borrower shall only report a change of ad'dress•through that specified• procedure.' There may be;orily one designated notice address u.n derth is Security instrument at any onetime. Any notieeto..L- enderShall by given bydelivering i1 or.bymailing it by first class mail to Lender's address stated Herein unless Lender has designated .another address by.no'ticeto•Borrower. Any notice in connection with this Security lnstrurnentshall riotbe deem edtohavebeen given to Lender until actuallyreceived by Lender. If any notice required by this Security Instrument is also.requirediinder Applicable Law, the Applicable Law requirement will satisfy the corresponding requirerrienturider this Security Instrument 16. Governing Law; Severability; Rules of Construction. This Security instrument shall be governed byfederal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirernents and limitations of Applicable Law. Applicable Law.rni.ght.explicitly orirriplicitly allow the parties to agree by contract or it might be silent, but such silence shall 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 shall not affect other provisions of this Security Instrument orthe Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words ofthe masculine gendershall'mean and include corresponding neuter words or words of the feminine gender;•(b) words in'the.singularshal.l rnean and:incliidethe plural and vice versa; and (c) the word "may" gives sole discretion with out,any obligation to :take'anYaction. 17. Borrower's Copy. Borrower shall be given.o.ne Dopy of the Note: and. ofthis• Security Instrument. 18. Transfer of the Property er a•BeneficiUI Interest. in B.orrower::.As, used in this Section 18, '1nterest in the Property" means any legal or beneficial interest in the Property, including; but-riot limited to those beneficial'iriterests transferred in a bond for deed, contract for deed ;.•iristal[rrient sales contract dr-escrow agreement, the 'Intent of which is the transfer of title by Borrower at a=firture date •to a.purchaser. If all or any part of the Property or any•Interest iri the Property is sold,ortransferred (or if Borrower is not a natural person and a beneficial interest iri. Borrower: is, sold or transferred). without Lender's prior written consent, Lender may require immediate payrrierrt in full cif all sums secured. hythis.'Security =lnstrtinient. However, this option shall:'riot be exercised by Lender if such exercise is prphibited.by Applicable. Law. If Lender exercises this option, Lender shall,give. of; acceleration. The notice shall provide a:period of not less than 30 days from the date;the noticc:.is given in accordance..iiiith Sectioii'.1S.within'which Borrower mristpay. all sums secured by this Security lristrurnent. If to pay these Burris priorto:the expiration ofthis'.period, Lender may invoke any remedies permitted by this Security lnstrurrientwi'thout'further notice or demand on Borrower. WYOMING—Single Family artniu Mae /i'reddle Mac UNIFORM .INSTRUMENT Form 3051 1/01 initials: EDEEO 1212 Online Documonts, Inc. Page 6 of 8 11 -10 -2014 15:05 V1 WBCD LOAN' #t 504208022 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued atanytirne.priorto the earliest of; (a) five days before sale of the Property pursuant to any power ofsale contained in this Security Instrument; (b).sucti other period as Applicable Law might specify for the termination of Borrower's.rightto reinstate; or (c) entry of aji.idgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender allsbMs which then.would be•due tinder•this Security Instrument and the Note as ifno acceleration had occurred; (b) mires any default ofanyother covenants or agreements; (c) pays allexpenses incurred in en this Security Instrument; including, but riot limited to, reasonable attorneys' fees; property inspection and valuation fees, and other fees incurred for the purpose of protectirigtencler's•interestinthe Properly and rights under this Security Instrument; and (d) takes' such action ee Lender may reasonably require to assure that Lertder'sinterest in the Property and rights under this Security Instrument, and' Borrower's obligation to pay sums secured by this Security Instrument, shall continue unchanged. Lender rnay require.thatBorrower pay Spell reinstatement surris and expenses in one or more of thefollowing forms, as selected by Lender: (a) cash ;'(b) moneyorde'r; (c) :certified check; bank check, treasurer's check or cashier's check, provided any such check is drawn upon in institution whose deposits are insured. by a federal agency, instrumentality or entity; or (d) Electronic Funds.Trarisfer; Upon reiristatemertt.by Borrower, thie Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However; this rightto reinstate shall not apply in the case of acceleration.urider Section 18. 20. Sale of Note; Change of Loan Servitor; Notice of Grievance. The No'te or a partial interest.in the Note (together with this Security Instrument) can be sold ono or more tirnes withceit prior noticeto•BorroWer; A sale mightresalt in a.change in the entity (known as the "Loan Serviber that collects Periodic Payments. due uriderthe;Note arid thisSecurity Instrument and performs other mortgage loan servicing obligations undr'rthie Note, this SeciaritOristrtiinentandAPpliCabJeLaWi There also might be oneormoreohangesof• the- LoanServicerunrelatedtoasaleoftheNote :lfthereisachangeaf heLoanServioer, Borrower will be given written notice of the change which will state the of tits view Loari'Serv'icer, the address to which payments should be made and any requires Cn connection with a notice oftransfer of servicing. If the Note is sold and thereafter the Loan. is. serviced bye Leah Servicer otilerthen:thie purchaser 'of the Note, the mortgage loan servicing obligations' to BorroWerwtli rernairiwith the Loan Servi or be transferred to a:successor Loan Servicer and are not assumed by the Note p ureliasel unless otherWlse provided by the Note purobasar Neither Borrower nor Lender rriay commence, join, or be joined to any judicial action (as eitheran°iedividu'al.litigant or the member of a class) that arises 'from the•other party's actions pursuaritto this: Security instrument or that aUeges that the other party has breached any provision of or any duty owed ley reason Security instrument; until such Borrower or Lender has notified the other party (with such notice given in= oornpliancewith .thie•requirements'of'Section 15) of such alleged breach and afforded the other party hereto a reasonable period after th e givin g ofsuch ri otice to take corrective action. If Applicable Law provides a time period which'iriust elapsebefore certain action can be taken, that time period will be deemed to be reasonable: for purposes of this paragraph: Thenotice of 'acceleratlor{ and opportunity to cure given to Borrower pursuant to Section 22 and'the notice of acceleration: given to Borrower'pursuarit to Section 18 shall be deemed to satisfy the notice anti opportunity to take corrective, a ctione provisions of this Section 20, 21. Hazardous Substances. As used inthis Section 21: (a) "Hazardous Substances are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environrrientat: Law' and the following substances:; gasoline, kerosene, other flammable or toxic petroleum products, toxic peS a d h rb vola So l l en s, Materials of contaiing asbestos or formaldehyde, and radioactive materials; (b) the jurisdiction where the Property is Iodated th at relate to health.,. safety or enViironmeftal protection; (c): "Envirorimentai Cleanup" includes any response action; reri•nedial eotion, or rernoval, action as;de'fined innvironmental Law; arid (d) an "Environmental Condition" means a conclitiori that can cause; contribute to, or.. oth erwise t E rigger an Environmental Cleanup. Borrower shall not cause or perrnitthe presence; use; disposal, storage br:..rel of any Hazardous Substances, or threaten to release any Hazardous Substaneos,.on. or'in•the Property: Borroweieslall not do, nor allow an orie else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (h) which'creates an: Erivironinental Condition, or (c) which, due to' the presence, use, or release of a HazardousStibs'tance, creates a condition that'adversely affects thevalu e of the Property. The preceding two.sentences shell not applyto'the presence, use or.storage. oli the Property of small quantities of Hazardous Substances that are generally recognized to be apprapriateto normal•resideritial uses and to maintenance of the Property including, but not limited: to ;'•hazardous substances 'in consumer products). Borrower shall promptly give Lend or writte.n notice of (a) any .i nvestigatiori clam derriarid; lawsuit or other action by any governmental or regulatory agency 'or private party irivolving•�the'Property :and any rlazardous'Substance or Environmental Law of which Borrower has actual knowledge:. (b), any Envirorrrnentel Condition, including but iirnited•to, any;:spillirig, leaking, discharge, release or threat of release of any lazardous Substance, arid an r c.00ndi'tion. caused by.the presence, use or release of a Hazardous Substance which' adversely.affects the value,ofttie'Pro p e I'f BOrrower learns; or•is• notified by any governmental or regulatory authority, or any private party, that•any•removal or other rerriediation of any Hazardous Substance affecting the Property is necessary, :Borrower shall.promptlytake all necessay remedial aotionsin accordance with Environmental Law. Nothing herein shall create any obligation Lenderfor an Environmental Cleanup. NON UNIFORM COVENANTS. Borrower enel .Lender further covenaftand agree' as follows: 22. Acceleration; Remedies: Lender :shall give .notice• to Borrower' prior':to acceleration foilowin g Borrower's breech of any covenant or agreement in this Security instrurtieri't (but not priorto acceleration i.inderSection:18 unless Applicable Law provi des .othereilse). The nciticeshal1 .specify;; (a) the default .(b):the action required to cure the default (c) a date, not less than 30 days from. the.' date. the notice is given to 13orroerer by which'• the: default must be cured; and (d) that failure to cure theeiefault'on. or be'forethe date specified' i the. notice.rriayresult in..acceleratlon m of the sums secured by this Securitelristruerit`and sale of the. Property: The notice shall furthei.. inform. Borrower of the right to reinstate after acceleration and the tight to bring'a court;ac'tiop.to assert the non- ezistetice of a' default• or any other defense of Bor•rower.to atceleratiorr sale.. if the default Is` not' cured, on or before' the date; specified in the notice, Lends r at its op 'iio n May require irnwodtate payment in hall of ell surnasebu red by this Security l natrtirnerit without further demand and may •invoke the•. power. of arid any .other. perrnitted. by Applicable• Law. Lender shall be entitled to collc. t' all expenses •incurred' it(. the.,rernedIes provided ins this .Section 22, including, but note imited to roaSonabl'e'attorrieye'e fees arid 'costs of title evidence. If Lender Invokes the power: of sale;. Lori der•..shail give• notice:. of.iritent to' foreclose. to Borrower and to the person in possession of the Property, if.cli'fferent;:iri' accordance• With Applicable.Lainr:'..Lerider give'notice of the sale to Borrower in the rrianner provided in:Sectiori 15::Lender'.shall pui?.li .h' the.notice of,"sale;:and the Property shall be sold in.the rnanner prescribed yApplicable Law':Ler dor,or...its:designee may purchase: the Property at any sale; The proceeds 'of the Sale'shall: be. applied iri thelfoliowing; oi (a) to aII..experises of the sale, including, but not llmi'tedto, reasonabld a'ttorrieys'.:fees; (b) to.alGsumssoctired by this Security Instrument; and (c) any excess to the person or .persons legally entitled to it. WYOMING Single Initials: YOMING Single Family- Fannie Mae/Freddie Mac UNI1=OrtM INS RUMENT Form 3051 1/01 �yVYEDEED 1212 Online Documents, Inc. ,Page 7 of 11 -10- 2014 15 :05 va BCD LOAN 504208022 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costss Lender may charge: Borrower a fee for releasing this Security Instrument, but only if the fee is paid to athird partji.for services rendered and the:charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of .Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. State o£ "WWOMI3•G V rAlr\ County 0 f 2NC:O7.IT= 'V\I-01D This instrument was acknowledged before me on (name(s) of person(s)). (Seal, if any) CAFtRIEL. [31�O.UGH .t[otai E�iblicn Statc'oL•Utah" Cornitiss oii fi.95.36a M'::ESCV?• 02.�1;7�20�5., k F IB +ffa b Sign 31 of "Nct;6.91 ai Title (a and Rank) My commission expires Loan Originator Organization: WEBER STATE FEDERAL CREDIT UNI' NJ4LS ID: 709534 Loan Originator: Marlow Randolph MILS ID: 90217 WYOMING— Single Family— Fannie Mae /Fredd[c Mac UNIFoniyilNSTRUMENT Form 3051 1/01 Online Documents, Inc. Rage 8 of 8 (Seal) (date) by ZI1`1I201c7 WYEDEED 1212 11 -10 -2014 15:05 504208022 Vl. WBCD, LOAN PLANNED UNIT DEV'ELOPiVIEN MIN: 101145320140930002 CASE THIS PLANNED UNIT DEVELOPMENT RIDER is :made this 12TH day of NOVEMBER, 7014 and is incorporated into•and shall., be.deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Seourityflnstrurnent ofthe same date, given by the undersigned the "Borrower to•seciare Borrower's Note t0 WEBER STATE FEDERAL CREDIT UNION, A UTAH CREDIT UNION (the' "Lender of the same date and covering the Property described in the Security Instrurnerit and located at 1442 VISTA DR, STAR VALLEY RANCH, WY 83127- -8015. The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as d escribed in covEN CONDITIONS AND RESTRICTIONS (the "Declaration The Property is a part of a planned unit development known as STAR vALLLY RANCH (the "PUD The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing' the common areas arid facilities of the PUD (the "Owners Association and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants •and agreements. made in the Security Instrument, Borrower and•Lender further covenant .and••agree as•fo.11aws: A. p UD Obligations. Borrowershall perform all ofBorrawer's obligations under the PUD's Constituent Documents. The "Constituent Documents" •are the (1) Declaration; (li) articles of incorporation, trust instrument or any equiyalent documentwhich creates the Own ersAssociation; and (iii) any by -laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Property Insurance. So long as.theOwners•Association .maintains, with a •generally accepted insurance carrier, a "master" or ''blanket". policyijsuring.the Property is satisfactory to Lender and which provides insurance coverage in'the arnounts '(including deductible levels), for the periods, and against loss.by fire, .hazards.included withinthe term "extended coverage," and any otherh zards; including; butnotlimitedto, earthquakes and floods, for which Lender requires insurance, then: (1)-L•ender..waiveSthe:provision inSection 3 for the Periodic Payment to Lender of the yearly• prerriiurnt installrTients•for property insurance onthe Property; and (ii) Borrower's obligation under.Sectiori 5to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lend er requires as a condition ofthis waiver can change during theterm ofthe ban. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the-Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liabillty Borrower shall.. take; •such actions as -may be reasonable to ensure:thatthe Owners Association rnaintatnS a public liabilit insurance policy acceptable in form, -amount, and 'extent;of:_coverag.e.to Lender. D. Condemnation: ••The proceeds :of.any award .or-.claim:for• damages, direct or consequential, payable to in connection=rwith.:any condemnation or :other taking of all or any part of the Property or the common areas and facilities of the;PUD, or for any conveyance iri lieu of condemnation, are l assigned and shall ie paid initials MULTISTATE PUD FLIDEFI Single Family— Fannie 'Mae./Freddie Mac UNIFORM INSTRUMENT Fortn 31501yt11 Page 1 of 2 F3 DU 0802 1999 -2008 Online Documents, Inc. 11 2014 15:05 ITBCD LiOAIT 5o42.08022 to Lender Such proceeds shall be •applied by Lender to the sums secured by the Security Instrument a.s proVR.:ied iri Section 11. E. Lender's Prior Consent- Bo rroWer shall not, exOept::after notice to tender and .v.yith Lender's prior written consent, either.partition or subd ivide the Property or consentt(1):the abandonment or termination of the PUD, except for abanontrient or terrniha.tiCn required by law in the case of substantial .destruction by fire or other casualty or in the case of atalling by co nd emnation or erriinentdomain; (11). any am endrn erittO any provision Constituent Documents" if the provision is for the express benefit of Lender; (iii) termination of professional managenierit and assumption of solf-manag emep t•Ofth a Owners ASsaCiatiOn; or (iv) any action which would have the effect of rendering?the public liability: insurance coverage maintained by the Owners Association unacceptable td Lender. F. Remedies. If Borrower does not pay PUD cl0ee •ancLassessments when due, then Lender may pay them. Any amounts diSlQursed py this F shall becom e ad d iti o nal debt cif Bo rrower secured bythe Securily I nStruintient..'Unless Borrower and Lender agree to other terMs..Of..payrOtiti.,:00$e-,arileolig shall bear interest from the date of dssbursement at the Note rate and shall be iDaNiablo, with interest, upon notice frorn Lender to Bo: rrower .reqUeSiing BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this PUD Rider. (Seal) MULTISTATE PUD RIDER-Single Family-Fannie:Mee/Freddie Mao UNIF014/1 INSTRUMENT Form 3150 1/01 199972006 Online Docurntants, Inc. Page 2 of 2 F616ORDU .0802 11-10-2014 15:05 SECOND HOME RIDER. v1 WBCD LOAN 5U420$022 MIN: 10114632014093(402 THIS SECOND HOME RIDER is made this 12m day of NOVEMBER, 2;014 and is incorporated into and shall be deemed to amend and.. supplement the. .Mortgagge, Deed of Trust, or Security Deed (the "Security instrument of the same date given the undersigned (the "Borrower-, whether there ;aree nee ia.more persons undersigned to secure Borrower's Note to raEBEN STATE FEDERAL C22EIJIT urrxori, A UTAH .CREDIT UNION (the- "Lender") of the same date and covering the Property described in the Security Instrument "Property"), which is located at: 1442 VISTA DR, sTATi VALLEY RANCH, T ray 83127 -8015. In addition to the covenants and. ,agreements it ade:.in ,the. •Security Instrument, Borrower and Leander •fuithereovenantfand ag ree.that:secti:ons 8 of'the.Security Instrument are deleted and are=replacecl by th.e,following 6. Occupancy: {Borrower shall.'occupy, ;and °shall only use,. Property as Borrower's second home: Borrower shall. keep the Prope'�rt� available forBorrower'.s exclusive use and enjoyment at all times and shall.. not: subject' the Property, to any timesharing or other shared ownership arranggerrieht ;:•or•te any rental pool 'or agreement that requires Borrower to rent the Property.or give a management firm or any other person any over. the oocupancy or use of the Property. 8. Borrower's Loan Appp i lication. Borrower shall -be n default if, during the Loan application process, Be rower or'•any, persons•;or= :entities acting; at the e direction of Borrower or with Borrower's knowledg or; consent. gave: matenally false, misleading, .or inaccurate: iriforrnation orstatementsto Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are 'not limited to, representations concerning Borrower's occupancy.of the Prepertyas Borrowers second home. BY SIGNING BELOW, Borrower accepts and agrees to 'the terms and covenants contained in this Second Home Rider. seal) MULTISTATE SECOND HOME RIDER •Single Family Fannin Mare /Froddio Mac UNIFORM INSTRUMENT Form38901/01 1999 -2007 Online Documents, Inc. Page 1 of 1 F3890RDU 0703 11 -10 -2014 15: