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HomeMy WebLinkAbout888518AflerRecordingRetum To: AVERY FINANCIAL GROUP iNC 190 N WOODRUFF AVE IDAHO FALLS,IDAHO 83401 Loan Number: 999221316 888518 BOOK ~1 ~PR PAGE_ 0 7 0 [space Above This Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are d!efin~d i 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are als~ pr~vit I (A) "Security Instrument" means this document, which is dated MARCH 10, 2 0 0:3 with all Riders to this document, i I (B) "Borrower" is BR_ANDON KLINGT,ER AND KENDRA KLINGLER HUSB334I WIFE Borrower is the mortgagor under this Security Instrument. (C) "Lender" is AVERY FINAIqCIAL GROUP INC Le'nder is a CORPORATION and existing under the laws of IDAHO Lender's address is 190 N WOODRUFF AVE, IDAHO FALLS, IDAHO Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated MARCH 10, 8340 200~3 The Note states that Borrower owes Lender ONE HUNDRED NINETY THREE THO[IS 00/100 Dollars (U.S. $193!, 000 plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pa~ th~ del thanAPRIL 1, 2018 i ' (E) "Property" means the property that is described below under the heading "Transfer of!Ri (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges aid the Note, and all sums due under this Security Instrument, plus interest. I (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The ~ to be executed by Borrower [check box as applicable]: [] Adjusiable Rate Rider [] Balloon Rider [] 1-4 Family Rider [] Condominium Rider [] Planned Unit Development Rider [] Biweekly Payment .Rider Secon Ot~erl ;EIVED 0UNTY CLERK t Sections 3, 11, ~'d in Section 16. , together AND organized ~qD AND 0o ) in full not later i the Property." ~arges due under Riders are I Home Rider s) [specify] WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Do~M~jlce~.~ 800-649-1362 Form 3051 1/O1 Page I of 12 :ww4,.docrnagic. corn 071 (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regUlati )ns, ordinances and administrative rules and orders (that have the effect 0f laTM) as well as all applicable i'm:al, non. appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeow,nerS as ;ociation or similar organization. ~ (J) "Electronic Funds Transfer" means any transfer of funds, other than a transactionl originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instru~nent, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transaciion~, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. ~ (K) "Escrow Items" means those items that are described in Section 3. ~ i / (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damag6s, dr pt oceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) ifor (i) damage to or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation.; or (iv) misrepresentations of, or omissions as to, the value and/or conditi~m of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment iof, Or d :fault on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and inter ~st under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. i (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et Seq.i ard its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time toi.timb, or any additional or successor legislation or regulation that governs the same subject matter. As used in thi~ Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally frei; ted mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property a, hether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY { { i This Security Instrument secures to Lender: (i) the repayment of the Loan, and alll renew;Is, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agre~me0ts {ruder this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey (o L ruder and Lender's successors and assigns, with power of sale, the following described property located in the COUNTY of LINCOLN' [Type of Recording Jurisdiction] [Name of Recording JudSdlcl ion] LOT 112 OF NORDIC RANCHES DIVISION NO. 8, LINCOLN COLTN~.?Y, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF A.P.N. #: 12-3619-26-2-00-219.00 which currently has the address of 2 7 ROAN WAY ETNA , Wyoming 83118 [City] [Zip Code] [Street] WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/O1 Page 2 of 12 ~perty Address"): ~ 800-649-1562 w w. docrnagic, corn TOGETHER WITH all the improvements now or herehfter erected on the pr6~pert appurtenances, and fixtures now or hereafter a part of the property. All replacementsl and ad covered by this Security Instrument. All of the foregoing is referred to in this Security I~strume~ BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby! cohvey and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except ?~r encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims a/~d demands, subject to any encumbrances of record. ' i / ! THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-frill 0rm covenants with limited variations by jurisdiction to constitute a uniform security instrument covering reil p~opE rty. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and La~e Char pay when due the principal of, and interest on, the debt evidenced by the Note and any prepaYm charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant tO S~ctic under the Note and this Security Instrument shall be made in U.S. currency. However,i if instrument received by Lender as payment under the Note or this Security Instrument is iretffrne, Lender may require that any or all subsequent payments due under the Note and this SecUrity one or more of the following forms, as selected by Lender: (a) cash: (b) money order; (c) Certified treasurer's check or cashier's check, provided any such check is drawn upon an institution whbse by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the N location as may be designated by Lender in accordance with the notice provisions in Section i5. any payment or partial payment if the payment or partial payments are insufficient to bring thi Lc may accept any payment or partial payment insufficient to bring the Loan current, without w hereunder or prejudice to its rights to refuse such payment or partial payments in the futhre, obligated to apply such payments at the time such payments are accepted. If each Periodic Phyn its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may: hold su until Borrower makes payment to bring the Loan current. If Borrower does not do so wiithinl a r~ time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, applied to the outstanding principal balance under the Note immediately prior to foreclosure. which Borrower might have now or in the future against Lender shall relieve Borrower from ma under the Note and this Security Instrument or performing the covenants and agreemen!s secur Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Secti, accepted and applied by Lender shall be applied in the following order of priority: (a) interest d (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be appli~ Payment in the order in which it became due. Any remaining amounts shall be applied first io to any other amounts due under this Security Instrument, and then to reduce the principal ba!an¢ If Lender receives a payment from Borrower for a delinquent Periodic Payment WhiCh ir amount to pay any late charge due, the payment may be applied to the delinquent payment ~nd more than one Periodic Payment is outstanding, Lender may apply any payment received ifro repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. any excess exists after the payment is applied to the full payment of one or more Periodic Paymen~ be applied to any late charges due. Voluntary prepayments shah be applied first to any prOpayme~ as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal shall not extend or postpone the due date, or change the amount, of the Periodic Paymenis 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Phy~nen Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amouhts due assessments and other items which can attain priority over this Security Instrument as a li!en dr e~ WYOMING--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT D°CMagic~. Form 3051 1/01 Page 3 of 12 072 and all easements, titions shall also be as the "Property." ote or at such other Lender may return an current. Lender tiver of any rights but Lender is not ent is applied as of ch unapplied funds ~asonable period of such funds will be XIo offset or claim king payments due ~d by this Security m 2, all payments ~e under the Note; ~d to each Periodic te charges, second e of the Note. dudes a sufficient ihe late charge. If n Borrower to the To the extent that s, such excess may charges and then e under the Note are due under the [or: (a) taxes and tcumbrance on the ~ 800-649-1362 w w. docmagic, corn ges. Borrower shall :nt charges and late n 3. Payments due lny check or other to Lender unpaid, rument be made in check, bank check, teposits are insured Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for !any required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sum~ pa: to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the iprovisi~ These items are called "Escrow Items.' At origination or at any time during the term of the Loan, k that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, abd assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices Of under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's oblig~tio~ Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In! the!eve Borrower shall pay directly, when and where payable, the amounts due for any Escrow Itfims fOr Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts!evident within such time period as Lender may require. Borrower's obligation to make such payments ahd t shall for ail purposes be deemed to be a covenant and agreement contained in this Security iInstrUn~ "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Iiems dir a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise i!s ri 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given ih acCorC 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, ihat under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can rCqui Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimate of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agenCY; entity (including Lender, if Lender is an institution whose deposits are so insured) or in iany!Fet Lender shall apply the Funds to pay the Escrow Items no later than the time specified under shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow accc the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permit such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be p Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and in writing, however, that interest shall be paid on the Funds. Lender shall give to BorroWerl wi annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall acc°un the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defln~ Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amoUnt up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required bY REs! shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPAI bt 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptl3 any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositi¢ the Property which can attain priority over this Security Instrument, leasehold payments or gro Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the eXten~ 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 (a) agrees in writing to the payment of the obligation secured by the lien in a manner accep~abl( to so long as Borrower is performing such agreement; (b) contests the lien in good faithi by,! or enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent th~ enforc while those proceedings are pending, but only until such proceedings are concluded; or (c)isec~res of the lien an agreement satisfactory to Lender subordinating the lien to this Security~Insirun determines that any part of the Property is subject to a lien which can attain priority over this Sect WYOMING-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/O1 Page 4 of 12 DocMagic ~ W~ 073 and all insurance table by Borrower ~ns of Section 10. ender may require ~ch dues, fees and ~nounts to be paid lives Borrower's to pay to Lender at of such waiver, ,vhich payment of ing such payment a provide receipts ent, as the phrase :ctly, pursuant to lhts under Section ~ny such amount. ance with Section are then required apply the Funds e under RESPA. of expenditures trumentality, or :eral Home Loan RESPA. Lender unt, or verifying ~ Lender to make dd on the Funds, Lender can agree :hour charge, an to Borrower for :d under RESPA, ~ecessary to make s a deficiency of A, and Borrower in no more than ~nd to Borrower ns attributable to lnd rents on the that these items .nless Borrower: -ender, but only defends against ement of the lien from the holder ent. If Lender rity Instrument, ~ $00-a49-15~2 W. docmagic, corn Lender may give Borrower a notice identifying the lien. Within 10 days of the date on Which tt Borrower shall satisfy the lien or take one or more of the actions set forth above in this ~ectibn Lender may require Borrower to pay a one time charge for a real estate tax verification andh used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing dr h~rea Property insured against loss by fire, hazards included within the term "extended coverage," iand including, but not limited to, earthquakes and floods, for which Lender requires insurance. This maintained in the amounts (including deductible levels) and for the periods that Lender rehuir requires pursuant to the preceding sentences can change during the term of the Loan. The insufanc the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrowerls choic~ not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan time charge for flood zone determination, certification and tracking services: or (b) a one-time chi 074 at notice is given, [. ,r reporting service [ter erected on the any other hazards [nsurance shall be es. What Lender carrier providing which right shall either: (a) a one- rge for flood zone determination and certification services and subsequent charges each time remappings or similar cl~ anges occur which reasonably might affect such determination or certification. Borrower shall also be resp6nsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with thei revlew of any flood zone determination resulting from an objection by Borrower. i / If, Borrower fails to maintain any of the coverages described above, Lender may obtain insgrance 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 might not protect Borrower Borrower's equity in the Property, or the contents of the Property against any risk hazard or liability and mitht provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost ofithe ,iinsl rance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. ~ny by Lender under this Section 5 shall become additional debt of Borrower secured by this S~curity amounts shall bear interest at the Note rate from the date of disbursement and shall be p~yabie, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be shbje~t t~ disapprove such policies, shall include a standard mortgage clause, and shall name Lender ins mort additional loss payee. Lender shall have the right to hold the policies and renewal certififiate~. ] Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices l If !Bo form of insurance coverage, not otherwise required by Lender, for damage to, or destruction ~f, policy shall include a standard mortgage clause and shall name Lender as mortgagee an'd/or as payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. proof of loss if not made promptly by Borrower· Unless Lender and Borrower otherWise agn insurance proceeds, whether or not the underlying insurance was required by Lender, shal! beiaplc or repair of the Property, if the restoration or repair is economically feasible and Lender's securi · During such repair and restoration period, Lender shall have the right to hold such insurance pro~ has had an opportunity to inspect such Property to ensure the work has been completedi to Len provided that such inspection shall be undertaken promptly. Lender may disburse proceeds fi restoration in a single payment or in a series of progress payments as the work is completed. [ Un is made in writing or Applicable Law requires interest to be paid on such insurance proceedS, L required to pay Borrower any interest or earnines on such nroceeds. Fees for nublic adiust~rs, retained by Borrower shall not be paid out of t~e insurance proceeds and shdll be the"soiL obit a If the restoration or repair is not economically feasible or Lender's security would be lessened, the shall be applied to the sums secured by this Security Instrument, whether or not then due, wilth the e: to Borrower· Such insurance proceeds shall be applied in the order provided for in SectiOn If Borrower abandons the Property, Lender may file, negotiate and settle any availiabl~ in., related matters. If Borrower does not respond within 30 days to a notice from Lender tha! thel ins offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day periodiwil notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed th under the Note or tbis Security Instrument, and (b) any other of Borrower's rights (other th~n the: WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/O1 Page 5 of 12 tmounts disbursed nstrument. These vith such interest, Lender's right to ;agee and/or as an ' Lender requires, rower obtains any he Property, such an additional loss Lender may make ~e in writing, any lied to restoration ~y is not lessened. eeds until Lender let's satisfaction, ,r the repairs and less an agreement ruder shall not be ,ther third parties, :ion of Borrower. ~surance proceeds rcess, ff any, paid urance claim and ~rance carrier has . begin when the Borrower hereby .' amounts unpaid ght to any refund ~ 800-649-1562 ¥ w. docrnagic, corn 075 of unearned premiums paid by Borrower) under all insurance policies coveting the Property! insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either~. , to ~ epair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument whether Or nOt tllen due · Occupancy. Borrower shall occupy, estabhsh, and use the Property as Borrower s brincipal residence within 60 days after the execution of this Security Instrument and shall continue to occupy !he Proplerty 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. Blorrdwei shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the iProperty. Whether or not Borrower is residing in the Property Borrower shall maintain the Property in order to pre~ent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuantito ~ect~on 5 that repair or restoration is not economically feasible Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection wiih damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property ohly if Lmder has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoratiofi in h si Igle payment or in a series of progress payments as the work is completed. If the insurance or condemnation ipro~eec s are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the! compl(tion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property.I If ii ha:; reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Blorr~we~' notice at the time of or prior to such an interior inspection specifying such reasonable cause. ! I 8. Borrower's Loan Application· Borrower shall be in default if, during the Loafi al~plication process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed tb prgvide Lender with material information) in connection with the Loan· Material representations includei but a~e not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Sedurfiy Ihstrument If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrulmefit, (b) there is'a legal proceeding that might significantly affect Lender's interest in the Property and/or rights und6r this S{curity Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcemefit o~ lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) BorroWer l[as abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect L~nd.~r's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the yalu of the Property, and securing and/or repairing the Property. Lender's actions can'include, but are not limited toI (a paying any sums secured by a lien which has priority over this Security Instrument: (b) appearing in court; and i(c) .aying reasonable attorneys fees to protect its interest in the Property and/or rights under this Security Instrnmentiinc luding its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to ~ entleri~ g the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes,!eli~ainate building or other code violations or dangerous conditions, and have utilities turned on or off. Although L%d{ may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation !o 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 Lender under this Section 9 shall become additional debt ofiBorro~ r secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbOrse:nent and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provision~i of the lease· If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge uflles~ Leilder agrees to the merger in writing, i i / 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition ofmhki~gth~ Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any r~asi,n, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer thatipreviot sly provided such insurance and Borrower was required to make separately designated payments toward the premit ms for Mortgage WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/O1 Page 6 of 12 ~ 800-649-1362 v w. docmagic, com Insurance, Borrower shall pay the premiums required to obtain coverage substantially equi~al Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower~iof the previously in effect, from an alternate mortgage insurer selected by Lender. If substantially e~ Insurance coverage is not available, Borrower shall continue to pay to Lender the amount bf the s~ payments that were due when the insurance coverage ceased to be in effect. Lender will !accept payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required tc interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if] coverage (in the amount and for the period that Lender requires) provided by an insurer seiect~ becomes available, is obtained, and Lender requires separately designated payments,toWard Mortgage Insurance. If Lender required IVlortgage Insurance as a condition of making the Loan required to make separately designated payments toward the premiums for IvIortgage InsUranCe, the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refUndhbl~ Lender's requirement for Mortgage Insurance ends in accordance with any written agreeMent!bet' Lender providing for such termination or until termination is required by Applicable Law. Not! 10 affects Borrower's obligation to pay interest at the rate provided in the Note. ~ Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for icertain 076 nt to the Mortgage' 'lortgage Insurance luivalent Mortgage parately designated use and retain these be non-refundable, pay Borrower any etortgage Insurance ~d by Lender again the premiums for and Borrower was Borrower shall pay loss reserve, until ween Borrower and ing in this Section losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgag6 In~ura:lce. ' Mortgage insurers evaluate their total risk on all such insurance in force from time io time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreemenls are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these.~greements. These agreements may require the mortgage insurer to make payments using any source of fund~ that tl~e mortgage insurer may have available (which may include funds obtained from Ivlortgage Insurance premiuims)i 1 As a result of these agreements, Lender, any purchaser of the Note, another insurer, any r~insurer, any other entity, or any affiliate of any of the foregoing may receive (directly or indirectly) amountsitha~ derive from (or might e characterized as) a portion of Borrower s payments for Mortgage Insurance m exchange for sharing or modifying the mortgage insurer s risk, or reducing losses. If such agreement provides that an affiliate of L ruder takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangem "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed Insurance, or any other terms of the Loan. Such agreements will not increase the amount 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 respe Insurance under the Homeowners Protection Act of 1998 or any other law. These rights ma] to receive certain disclosures, to request and obtain cancellation of the Mortgage Insur~ Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Ins that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds hre and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or rep4 if the restoration or repair is economically feasible and Lender's security is not lessened. Duri~ restoration period, Lender shall have the right to hold such Miscellaneous Procee,ds i unfil L opportunity to inspect such Property to ensure the work has been completed to Lender s satis!facl such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a si or in a series of progress payments as the work is completed. Unless an agreement is made ' Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not[ ec6nm Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secm Instrument, whether or not then due, with the excess, ff any, paid to Borrower. Such MiScellane, be applied in the order provided for in Section 2. WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/O1 Page 7 of 12 .'nt is often termed ~ay for Mortgage lorrower will owe to the Mortgage include the right ncc, to have the urance premiums hereby assigned to dr of the Property, ~g such repair and ender has had an ion, provided that ngle disbursement ting or Applicable pay Borrower any fically feasible or ed by this Security ms Proceeds shall ~ 800-649-1362 w w. docmagic, corn 077 In the event of a total taking, destruction, or loss in value of the Property, the Miscellan~ou ~ Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with ithe ~xc ;ss, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Properly in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to ior grea~er than the amount of the sums secured by this Security Instrument immediately before the partial taking, de~tru~tiog, 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 intal ,ount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair ,aarket value of the Property immediately before the partial taking, destruction, or loss in value. Any balance ishail be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than tile a nount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower!ant Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this S~curity I ~strument whether or not the sums are then due. I If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Bdrrower If~ils to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect an~ apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Sedurit~ Iastrument whether or not then due. "Opposing Party" means the thtrd party that owes Borrower M~scellaneousiPr6ceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. i i 1 Borrower shall be in default if any action or proceeding, whether civil or criminal is b~guJ~ that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's ihter est in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has 3ccurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with al ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's intelest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that !are impairment 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 ~hal order provided for in Section 2.. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension 0f the th modification of amortization of the sums secured by this Security Instrument granted by Liend&r t~ Successor in Interest of Borrower shall not operate to release the liability of Borrower or ~ny of Borrower. Le.nder shall not be required to commence proceedings against any SuccesSOr in In~ or to refuse to extend time for payment or otherwise modify amortization of the sumsisecure~ Instrument by reason of any demand made by the original Borrower or any Successors in Ihterbs.t forbearance by Lender in exercising any right or remedy including, without limitationi L~nde payments from third persons, entities or Successors in Interest of Borrower or in amounts ilessl tha due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrbwe[ co~ that Borrower's obligations and liability shall bejoint and several. However, any Borrower Who co-~ Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument, grant and convey the co-signer's interest in the Property under the terms of this Securi!ty Instr personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Len, Borrower can agree to extend, modify, forbear or make any accommodations with regard td the!ten Instrument or the Note without the co-signer's consent, i Subject to the provisions of Section 18, any Successor in Interest of Borrower Who iass obligations under this Security Instrument in writing, and is approved by Lender, shall obtaih all! of l and benefits under this Security Instrument. Borrower shall not be released from Borrower'? ob]iga under this Security Instrument unless Lender agrees to such release in writing. The covenaats and Security Instrument shall bind (except as provided in Section 20) and benefit the successois arid WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/O1 Page 8 of 12 attributable to the be applied in the ne for payment or , Borrower or any :essors in Interest erest of Borrower I by this Security ff Borrower. Any r's acceptance of the amount then :nants and agrees igns this Security rely to mortgage. ~ment; (b) is not let and any other as of this Security lmes Borrower's Iorrower% rights tions and liability greements of this ;signs of Lender. ~ 800-649-1362 ~ w. docrnagic, corn 14. Loan Charges. Lender may charge Borrower fees for services performed in cOnn~cti~ default, for the purpose of protecting Lender's interest in the Property and rights under this Se including, but not limited to, attorneys' fees, property inspection and valuation fees. In r~gard to absence of express authority in this Security ' Instrument to charge a specific fee to Borrower ~sha , as a prohibition on the charging of such fee. Lender may not charge fees that are expresslyiprohibi Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally!iht{ interest or other loan charges collected or to be collected in connection with the Loan exceed th then: (a) any such loan charge shall be reduced by the amount necessary to reduce the chargelto and (b) any sums already collected from Borrower which exceeded permitted limits willlbe tefu Lender may choose to make this refund by reducing the principal owed under the Note or bY maldr to Borrower. Ifa refund reduces principal, the reduction will be treated as a partial prepay prepayment charge (whether or not a prepayment charge is provided for under the Note)· i Borro'~ any such refund made by direct payment to Borrower will constitute a waiver of any right! of actit have arising out of such overcharge. I 15. Notices. All notices given by Borrower or Lender in connection with this Security ilnsi writing. ' · I Any notice to Borrower in connection with this Security Instrument shall be deemedl to I Borrower when mailed by first class mail or when actually delivered to Borrower's notice addn means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law otherwise. The notice address shall be the Property Address unless Borrower has designated address by notice to Lender. Borrower shall promptly notify Lender of Borrower's chahge bf specifies a procedure for reporting Borrower's change of address, then Borrower shall only report through that specified procedure. There may be only one designated notice address under this S at any one time. Any notice to Lender shall be given by delivering it or by mailing it by tn'st ~las address stated herein unless Lender has designated another address by notice to Borrower. ! AnY I '.' with this Security Instrument shall not be deemed to have been given to Lender until actually re, If any notice required by this Security Instrument is also required under Applicable l.aw,i the requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument ~ha federal law and the law of the jurisdiction in which the Property is located. All rights and obiiga this Security Instrument are subject to any requirements and limitations of Applicable Law. ApP explicitly or implicitly allow the parties to agree by contract or it. might be silent, but suchI sih construed as a prohibition against agreement by contract. In the event that any provision or Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisio] Instrument or the Note which can be given effect without the conflicting provision. : As used in this Security Instrument: (a) words of the masculine gender shall mean and ihch neuter words or words of the feminine gender; (b) words in the singular shall mean and include versa; and (c) the word "may" gives sole discretion without any obligation to take any action.! 17. Borrower' s Copy. Borrower shall be given one copy of the Note and of this Sgcurity 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this S~cti~ the Property" means any legal or beneficial interest in the Property, including, but not limited to interests transferred in a bond for deed, contract for deed, installment sales contract or escrowiagr of which is the transfer of title by Borrower at a future date to a purchaser. ~ If all or any part of the Property or any Interest in' the Property is' sold or transferred,, (o~ if natural person and a beneficial interest in Borrower is sold or transferred) without Lender s Prio Lender may require immediate payment in full of all sums secured by this Security Instrument. !Ho' shall not be exercised by Lender if such exercise is prohibited by Applicable Law. i If Lender exercises this option, Lender shall give Borrower notice of acceleration. The hoti period of not less than 30 days from the date the notice is given in accordance with Section 1!5 withh must pay all sums secured by this Security Instrument. If Borrower fails to pay these sumsipri0r tr this period, Lender may invoke any remedies permitted by this Security Instrument withoutifurther on Borrower. WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/O1 Page 9 of 12 W 078 ~n with Borrower's curity Instrument, ~ny other fees, the [1 not be construed led by this Security rpreted so that the permitted limits, he permitted limit; aded to Borrower. a direct payment rnent without any ~er's acceptance of Borrower might rument must be in ~ave been given to ss if sent by other expressly requires a substitute notice ddress. If Lender : change of address .,curity Instrument i mail to Lender's aice in connection :eived by Lender. Applicable Law I be governed by :ions contained in icable Law might nce shall not be ;e of this Security ~s of this Security de corresponding ae plural and vice Instrument. ~n 18, "Interest in · those beneficial eement, the intent Borrower is not a · written consent, ,,,ever, this option ce shall provide a ~ which Borrower the expiration of notice or demand ~ 800-~49-'1362 Y w. docrnag/c, corn 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditio have the right to have enforcement of this Security Instrument discontinued at any time prior to ithe days before sale of the Property pursuant to any power of sale contained in this Security Instrum period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c} ~ enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sUms be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cares other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrum~ not limited to, reasonable attorneys' fees, property inspection and valuation fees, and 0the~ fee purpose of protecting Lender's interest in the Property and rights under this Security InstrUment action as Lender may reasonably require to assure that Lender's interest in the Property and rights Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, Shall co Lender may require that Borrower pay such reinstatement sums and expenses in one or more of th as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasureris chleck provided any such check is drawn upon an institution whose deposits are insured by a federal agem or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security !nstrum~ secured hereby shall remain fully effective as if no acceleration had occurred. However, this irigl not apply in the case of acceleration under Section 18. i 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a part!al i: (together with this Security Instrument) can be sold one or more times without prior notice to B6rro result in a change in the entity (known as the "Loan Servicer") that collects Periodic Paymenis d and this Security Instrument and performs other mortgage loan servicing obligations under the Instrument, and Applicable Law. There also might be one or more changes of the Loan Service: 079 ns, Borrower shall earliest of: (a) five mt; (b) such other ntry of a judgment which then would any default of any mt, including, but s incurred for the and (d) takes such ruder this Security ~tinue unchanged. following forms, Dr cashier's check, y, instrumentality ~nt and obligations to reinstate shall :crest in the Note a, er. A sale might ~e under the Note 'otc, this Security unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice oflthe change which will state the name and address of the new Loan Servicer, the address to which payments shoOld be. adc and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note'is s~Id and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage iloafi servicing obligations to Borrower will re~nain with the Loan Servicer or be transferred to a successor Loan serVicer arM are not assumed by the Note purchaser unless otherwise provided by the Note purchaser, i i / Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, i thi~ SeCurity Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance wit~ the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after[the giving of such notice to take corrective action. If Applicable Law provides a time period which must elaps~ belore certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 27. and the notice ~of acceleration given to Borrowerpursuant to Section 18 shall be deemed to satisfy the notice and opportunity,ito ia~ ke[ corrective' action' provisions of this Section 20. ,, I ! / 21. Hazardous Substances. As used in this Section 21: (a) Hazardous Substan~es"i ar[those substances deemed as toxic or hazardous substances, pollutants, or wastes by Environmental Law and lhe folk,wing substances: gasoline, kerosene, other flammable or toxic p6troleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials: (b) "Environm~ntai Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety I ., or env.'om ~ental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal acti~ Environmental Law; and (d) an "Environmental Condition" means a condition that canI cause, otherwise trigger an Environmental Cleanup. i : Borrower shall not cause or permit the presence, use, disposal, storage, or release ofahy Haza or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, Oor to do, anything affecting the Property (a) that is in violation of any Environmental LaW, Environmental Condition, or (c) which, due to the presence, use, or release of a HazardOus ,Sut I condition that adversely affects the value of the Property. The preceding two sentencgs shall presence, use, or storage on the Property of small quantities of Hazardous Substances thatiare !gen WYOMING-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT /~)cMagicE~ Form 3051 1/O1 Page 10 of 12 Wi ~n, as defined in contribute to, or :dous Substances, allow anyone else ~hich creates an stance, creates a not apply to the erally recognized ~ 800-~49-1302 V W. docmagic, corn 080 tO he appropriate tO normal residential uses and to maintenance of the Property (in¢iudin§, but not limited to, hazardous substances in consumer products), i i Borrower shall promptly give Lender written notice of (a) any investigation, clairn, d~mm action by any governmental or regulatory agency or private party involving the Property a4d a~y H or Environmental Law of which Borrower has actual knowledge, (b) any Environmental ¢onditio limited to, any spilling, leaking, discharge, release or threat of release of any Hazarddus Sub: condition caused by the Presence, use or release of a Hazardous Substance which adverselyI af6~ Property. If Borrower learns, or is notified by any govermnental or regulatory authority, o~ an~ any removal or other remediation of any Hazardous Substance affecting the Property i~ necess promptly take all necessary remedial actions in accordance with Environmental Law. No~hing he: obligation on Lender for an Environmental Cleanup. ~ i NON-UNIFORM COVENANTS. Borrower and Lender fUrther covenant and iagree a: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acre Borrower' s breach of any covenant or agreement in this Security Instrument (but not prior to Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) ihe deft required to cure the default; (c) a date, not less than 30 days from the date the notice is give which the default must be cured; and (d) that failure to cure the default on or before the d notice may result in acceleration of the sums secured by this Security Instrument andi salt of notice shall further inform Borrower of the right to reinstate after acceleration and !thelrig action to assert the non-existence of a default or any other defense of Borrower to accele!ati default is not cured on or before the date specified in the notice, Lender at its option may payment in full of all sums secured by this Security Instrument without further demand al~d may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall belentltled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, butinot!lim[ited to, reasonable attorneys' fees and costs of title evidence. I i / If Lender invokes the power of sale, Lender shall give notice of intent to foreclolse t~ BCrrower and to the person in possession of the Property, if different, in accordance with Applicable LawL L~nd ~r shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the hoti:e of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee Property at any sale. The proceeds of the sale shall be applied in the following order; (a) to sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums slecu!ed Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release Upon payment of all sums secured by this Security Instrument Lender shall Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for tel I. Instrument, but only if the fee is paid to a third party for services rendered and the chargingiofl under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homem of Wyoming. WYOMING--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Page 11 of 12 DocMagi¢ ~ rd, lawsuit'or other azardous Substance a, including but not ~tance, and (c) any tcts the value of the private party, that Iry, Borrower shall 'ein shall create any follows: eration following acceleration under ~ult; (b) the action n to Borrower, by tte specified in the the Property. The ~t to bring a court m and sale. If the · equire immediate ad exemption laws ~ 800-649-1362 t w w. docmagic, corn elease this Security easing this Security he fee is permitted may purchase the all expenses of the by this Security BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants icontain Instrument and in any Rider executed by Borrower and recorded with it. ~RANDO~/ K~~ -Borrower KENDRA KLINGLER i ' (Seal) -Borrower (Seal) -Borrower Witness: Witness: [Space Below This Line For Acknowledgment] State Of Wyoming ) County of LINCOLN ) The foregoing instrument was acknowledged before me by KLINGLER Witness my hand and official seal. ~ Or: ......... .~J/ ~ ~,~0-....'__ '...:~ % "'... :~ '.... ...' ~ %*r;, ....... (g~i,¢ WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Page 12 of 12 BRANDON KLINGLE~ 08I ~d in this Security I I My commission expires: [ 0/'~ I : I , DocMagi¢ ~ w~ , KENDRA (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower ~ 800-649-1362 ~ W. docmagic. com ~t or Type Name Notary Public