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902108
IndyMac Bank, F.S.B. c/o Document Management (Company Name] 902108 RECEIVED _INCOLN COI_!N1-Y CLERK (Name of Natural Person] 3465 E. Foothill Blvd. {Street Address] Pasadena, CA 91107 [City, State Zip Code] RETURN TO: TITLE DIRECT 2677 COUNTY RD. 10 MOUNDS VIEW, MN 55112 [Space Above This Line For Recording Data] DEFINITIONS MORTGAGE MIN 100055401200762708 Words used in multiple sections of this docnment are defined belou :md other words are defined in Sections 3, 1 l, 13, 18, 20 m~d 21. Certain roles regarding rite usage of words used m this documen[ are also provi&d in Sectiou 16. (A) "Security Instrument means lhis docmnent, which is daled together with all Riders to this docmnent. August 10, 2004 (B) "Bm'tower"is Doug L. Hartmannand Barbara A. Hartmann, Husband and Wife As Tenants By The Entireties Borrower is the mortgagor under tiffs Security Instnnnent. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corpomtiou Ihat is acting solely as a nominee for Lender and Lender's successors and assigns M Ells is the mortgagee under this Security Instrument. MERS is organized and existing under the laws o[ Delaware, and has mi adckess and telephone number of P.O. Box 2026, Flim, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender"is IndyMac Bank, F.S.B., a federally chartered savings bank Lenderisa Federal Savings Bank organized andexistingundcrdtelawsof United States of America Lender'saddrcssis 155 North Lake Avenue, Pasadena, CA 91101 Loan No: 120076270 Wyonth~g Mortgage-Single Family-Famfie Mae/li'reddie Mac UNIFORAI INSTIIUhlENT TIlls] CO1VfPLIANCE SOURCE, INC.-- Page I or 14 MERS Modilied Form 3051 01/01 0'2000, The Ctuuph~lce ;::;ourcc, hw 0348 (E) "Note" means the promissory note signed by Borrower and dated Aucjust 10, 2004 The Note states that Borrower owes Lender seventy nine thousand five hundred and NO/100ths Dollars (U.S $ 79,500.00 phis interest Borrower has promised to pay this debt in regular ?c/iochc Payments and to pay the debt in fidl not later than September 1, 2034 (F) "Property" me,ms fl~e property tlrat is described below u,der the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, a~ty prepayment charges and late charges due under file Note, and all sunls due under tiffs Security Instrument, l)lus interest. (1t) "Riders" means all Riders to this Security h~strument thai are executed by Borrower. The following Riders are to be executed by Borrower [choct( ~ox os applicaDIo]: [] Adjustable Rate Rider [] Condominimn Rider [] Second Houle Rider [] Balloon Rider [] Plamled Unit Development Rider [] Biweekly Payment Rider [] 1-4 Family Rider [] Revocable Trust Rider [] Oilier(s) fspocify] (1) "Aplflicable Lass," means all controlling applicable federal, state and local statutes, regulations, ordinances mid administrative niles mid orders (flint have the effect of law) as well as all applicable final, non-appealable jndicial opinions (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and mher charges that are imposed on Borrower or the Property by a condomiuiuux association, homeowners association or sinfilar organization. (K) "Electronic Funds Transfer" means rely transfer of rinds, other than a transaction ofigimated by check, draft, or similar paper instrument, which is initiated through an elect tonic temmml, telephomc instrument, computer, or nmgnetic lape so as to order, instruct, or aufl~orize a financial institution to debit or credit an account. Such term inchldes, but is not limited to, point-of-sale transfers, automated loller machine transactions, transfers initiated by telephone, wire mmsfers, and automated cle,~nghouse transfers. (L) "Escrow Items" means fllose items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, oi proceeds paid by any third party (other titan insurance proceeds paid under the coverages described in Section 5) lbr: (i) damage to, or destruction of, the Property; (ii) condenmation or other taking of all or any part of the Property; (iii) conveyance in lien of condemmlfion; or (iv) nfisrepresentations of, or o~nissions as Io, the value mid/or condition of the Property. (N) "Mortgage Insm'ance" means insurance protecting Lender against the nonpaymenl of, or delhult on, the Loan. (O) "Periodic Payment" means rte regularly scheduled amotml due for (i) principal and interest m~der the Note, plus (ii) any amonnts nnder Section 3 of tiffs Security Instnmicnt. Loan No: 120076270 Wyondng Mortgage-Single Family-Famde Mae/Freddie Mac UNIFOIIA,I INSTRUh lENT --TH~ COIvI~LIANCE SOURCE, INC.-- Page 2 of 14 MERS Modilied Form 3051 01/01 ~2000, The Co pr,race Sc race, lac. 0a49 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulatiou X (24 C.F.R. Part 3500), as thcy might be amended from time 1o time, or any additimml or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and resthctions that m'¢ imposed m regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" trader RESPA. (Q) "Successor in Interest of Borrower" means any party that has lakeu title to the Property, whether or not that party Ires assumed Borrower's obligations under the Note tutti/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrumeul secures to Lender: (i) tile repayment of Ihe Loau, and all renewals, exteusions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument ',md the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nonfinee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the County of Lincoln : [Type of Recording J~risdiction] IN,me of Recording Jurisdiction] See Exhibit "A" attached hereto and made a part hereof. A.P.N.# 21162330303300 which currently has the address of Kewanerer [City] , Wyolning 1921BerryDrive [Stree~ 83101 ~ Codo] ("Properly Address"): TOGETHER WITH all tile improvements now or hereaflcr erected on the property, and all easements, appnrtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoiug is referred to in this Security Instnmmut as the "Property." Borrower understands and agrees that MERS holds only legal till¢ to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or cuslom, MERS (as nonfinee for Lender and Lender's successors and assigns) has die fight: to exercise any or all ofthosc interests, including, but not linfited to, the right to 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 scised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencmribered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to an), encumbrances of record. Loan No: 120076270 Wyondng Mo~gage-Single Family-Famde Mae/Freddie Mac UNIFORM INSTRt hMIiNT --TILE Cohn'I.IANCE SOURCE, INC.-- Page 3 of 14 ....... ...... ...... Illll[ l ]llllll llll Itll Iilll:t II It,llll II IIIl:lll[ MERS Mo,lilled It?arm 3051 01/01 ~02000, 'lira Colnplilnlce Source, ftc 090210S THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unitbrm covenm~ts with limited variations by jurisdiction to constitute a tmilbrm security inslrmnent covering real property. UNIFORM COVENANTS Borrower and Lender covemim and agree as follows: 1. Payment of P,'incipal, Interest, Escrow Items, P4'elntynlent Charges, and Late Charges. Borrower sh~dl pay when due the principal of, mid interest oil, the dcbl e\,idenced by the Note and rely prepayment charges and late charges due under the Note. Borrower shrill also 1~3 I'tmds For Escrow Ilems pursuant 1o Section 3. Payments due under the Note and tiffs Security Instrumem slmll be made in U.S. currency. However, if any check or other inslnKment received by Lender as payment under the Note o4' this Secuhty Instrument is returned to Lender unpaid, Lender may require that any or all subsequent paylnents duc under the Note and this Security Iustrmuelil be made in one or more of file following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or caslfier's check, provided any such check is drawn upon ail institution whose deposits are insured by a federal agency, instmmeutality, or enfily; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received al thc location designated in the Note or al stlch other location as may be designated by Lender in accordance with thc notice provisions in Section 15. Lender may return any pay~nent or partitfl payment if the payment or partial pa)',~lcnls are insufficient lo bring tile Loan current. Lender may accept any payment or partial payment insufficient to tn'lng the Loan currenl, witliout waiver of any rights hereunder or prejudice to its rights to refilse such payment or partial payments in the fim~re, but Lender is not obligated to apply such paylnents at die time such payments are accel)lcd. If each Periodic Payment is applied as of its scheduled due date, flien Lender need not pay interest on tmapplicd fimds. Lender may hold such nnapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so witldn a reasonable period of time, Lender shall either apply such fimds or return them to Borrower. If not applied earlier, such fluids will be apphed to the outstanding principal balance under the Note immcdialely prior to foreclosure. No offset or claim which Borrower might have now or in rile filture against Lender shall relieve Borrower front making payments due under rile Note and this Security histrmnent or performing thc covenants mid agreements secured by this Security Instrument. 2. Allplication of Payments or Proceeds. Except as otherwise described iu this Section 2, all pay,nents accepted and applied by Lender shall be applied in file following order of priority: (a) interest due uuder tile Nole; Co) principal due under file Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in tike order in which it became due. Any remailfing amou,~ts shall be applied first to late charges, second to m~y other amounts due under this Security Instrument, and flien lo 4'educe the principal balance o1' tike Nole. 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 Io thc delinquent payment arid the late charge. If lnore than one Periodic Payment is outstandiug, Lender may apply any pay,nent received fi'om Borrower to the repayment of the Periodic Payments il; and to the extent that, each payment can be paid in fifll. To the extent that any excess exists 'after file payment is applied to the full paylnenl ol' one or more Periodic Payments, such excess may be applied to any late charges due. Vohmtary prepaymenls shall Dc ~pplied first lo any prepayrnenl charges and then as described in the Note. Any application of payments, insnrance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change rile amount, of the Periodic Payments. 3. Fumls roi- Escrow Itelns. Borrower shrill pay to Leuder on the clay Periodic Payments are due nnder fl~e Note, until the Note is paid in fidl, a stun (the "Funds") to provide Ibc payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security lnstrmnent as a lien or encumbrance on the Property; Co) leasehold payments or ground rents on the Property, iF any; (c) premimns for any and all insurance required by Lender raider Section 5; and (d) Mortgage Insurance preufiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage lnsumnce l)remiunis in accordance with the provisions of Section 10. These items are called "Escrow Items." At ohgination or at any time during the term of the Loan, Lender inay require that Conmmnity Association Dues, Fees, and Assessments, if any, be escrowed by Bon-ower, Loan No: 120076270 Wyond~tg Mot/gage-Single Family-Famtie Mae/Freddie Mac UNIFORM[ INS'FI{ --THE COMPLIANCE SOLIRCE, INC.-- Page 4 of 1 ....... ......... ...... lllllllllll]llllll ll[Iglllfll, lll!t MERS Modilied Form 3051 01/tJl ©2000, 3h¢ Compliance Scm[ce, Inc. 090 108 and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly flmfish to Lender all notices of amounts to be paid under tlds Section. Borrower shall pay Lcl~dcr lhe Ftmds for Escrow llems unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Ilems. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Auy such waiver may only be in willing. In the event of such waiver, Borrower shall pay directly, When and where payable, the anmounts due lbr any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall funfish 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 shall for all purposes be deemed ko be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used iu Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower hills lo pa}, the mnount due for an Escrow Item, Lender may exercise its rights under Section 9 mid pay such aumotlnl and Borrower shall allen be obligated under Section 9 to repay to Lender any such amount. Lender ~nay revoke thc waiver as to any or all Escrow Items at arly time by a notice given in accordance with Section 15 and, upon such revocalion, Borrower shall pay to Lender all Funds, and in such amounls, that are then required under this Section 3. Lender may, at any time, collect and hold FImds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and Co) not to exceed Ihe nmximunt amount a lender can require under RESPA. Lender shall estimate the mnount of Funds due on the basis ol' current data and reasonable eslimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits arc insured by a federal agency, inslmmentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal l.tome Loan Bank. Lender shall apply the Funds to pay the Escrow Ite~ns no later than the time specified mmder I~ESPA. Leuder shall not charge Borrower for holdiug and applying the Funds, ainu,ally arlalyzing the escrow accounl, or verifying the Escrow Items, tmless Lender pays Borrower interest on the Funds aud Applicable Law permits Lender to make such a charge. Umfless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or eanfings on the Fuuds. Borrower and Lender can agree in writing, however, that interest shall be paid on file Funds. Le,~dcr shall give to Borrower, without charge, an mmmd accounting of rite Funds as required by RESPA. [f there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account lo Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defiued uuder RESPA, Lender shall notify Borrower as required by RESPA, and Borrower slmll pay to Lender the alnouut necessary to make up time shortage in accordance with RESPA, bu! in no more than 12 moutlfly paymenls. If there is a deficiency 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 necessar) to make up the deficiency in accordance with RESPA, but in no more titan 12 monthly payments. Upon payment in full of all suins secnred by this Security h~strument, Lender shall promptly refund to Borrower any Ftmds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositious attributable to the Property which can attain priority over this Security h~slru,uent, leasehold payments or grotmd rents on time Property, if any, and Comnmtfity Association Dues, Fces, and Assess~nents, if any. To the exleut Ibal these items are Escrow Ilems, Borrower shall pay them in the mauncr provided in Section 3. Borrower slmll promptly discharge any lien which has pilority over this Security Instrument tmless Borrower: (a) agrees in writing to file payment of the obtigalion secured by the lien in a manuer acceptable ko Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good failh 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, bul oldy tmlil such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfi~ctory lo Lender st,bordi~mting rile lien to this Security Instrm-nent. If Lender deternfines that any park of the Propert'y is st~bj¢ci 1o a lien which can auain pilority over tiffs Security Instrument, Lender nmy give Borrower a notice identifying the lien. Within 10 ~mys o1' the date on which Loan No: 120076270 Wyomh~g Mortgage-Single Family-Famde Mae/Freddie Mac UNIFORM INSTRU,\II~NT --TI~ COMPLIANCE $OLrRCE, INC.-- Page MERS Modified Form 3051 Illlltl (Qg-O00, ~J]l~ COllll.}lialtc¢ Soulrc~, [~lc O.B021.OS fl~at notice is given, Borrower shall satisfy the lien or take Olle or more of tile actions set forlh above ill lids Section 4. Lender may require Borrower to pay a one-time charge lbr ~l real estate tax verification and/or repmling service used by Lender in comrection with this Loan. 5. Property Insurance. Borrower sh`A1 keep tll~ improvements now existing or hereafter erected oil the Property insured against loss by fire, hazards included wilhin the term "extended coverage," m~d any other hazards including, but not limited to, earthqtmkes and floods, for which Lender requires insurance. This insurance st`Al be nminlained in rile alnounts (including deductible levels) and for thc periods that Lender requires. What keuder requires pursuant to the preceding sentences cau change dnhng the term of the Loan. The insurance carrier providing the insurance slmll be chosen by Borrower subjecl to Lender's right lo disapprove Borrower's choice, which fight shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services aud subsequent charges each time remappings or similar clmnges occur which reasonably might affect such determiualion or certifical[ion. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergeucy Management Agency in connection wilh the review of any flood zone deternfination resulting from an objeclion 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 obligalion 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, agai~tst all)' risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges lhal lhe cost of the insurance coverage so obtained nfight siguificantly exceed the cost of insurance that Borrower could have obtained. Ally amounts disbursed by Lender under this Section 5 slmll become additional debt of Borrower secured by this Security Instrmnent. These amounts sh`A1 bear interest at the Note rate from rite dale of disbursement and slmll be payable, with such imerest, upon notice from Lender to Borrower requesting l)ayment. All insurance policies required by Lender and renewals of such policies sh`A1 be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall nmne Lender as mortgagee aud/or as an additional loss payee. Lender shall have the right to hold file policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender 'Al receipts of paid premiums and renewal notices. If Borrower obtaius auy form of insurance coverage, not othem, ise required by Lender, for d:.uagc to, or destruction ol; lite Property, such policy shall include a standard mortgage clause and sh`A1 name Lender as mortgagee and/or as an addition`A loss payee. In fl~e event of loss, Borrower shall give prompt notice to the insurance cartier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower othenvise agree irt writing, ally insurance proceeds, whether or not tile underlying hlsurance ;vas reqtm ed by Lender, st'Al be applied to restoratiou 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 righl to hold such insurance proceeds until Lender has had an opportmfity to inspect snch Property to ensure the work has been completed to Lender's satisfhction, provided that such 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 thc work is completed. Unless au agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings oil such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds a.id shall be lhe sole obligation of Borrower. If the restoration or repair is not econonfically feasible or Lender's security would be lessened, the insurauce proceeds sh'A1 be applied to the sums secured by this Security Instrument, whether or uot then due, wilh the excess, if ally, paid to Borrower. Such insurance proceeds shall be applied in the order provided fol' in Section 2. If Borrower abandons the Property, Lender may file, negotiate aud settle any available insurance claim and related mailers. If Borrower does not respond within 30 days to a nolice dom Lender that file iusurance can'ier has Loan No: 120076270 Wyomh~g Mortgage-Single Family-Famde Mae/Freddie 34ac UNIFORM INSTRUMENT --Tim COlt.,[PLIANCE SOIYRCE, INC.-- Page 6 of 14 MERS Modified Form 3051 01/01 ~2o00, 'B e Comp iaac~ 09021.0S , 0 o., offered to settle a claim, then Lender may negotiate and settle thc claim. The 30-day period will begin when lite notice is given. Ill either event, or if Lender acquires the Property trader Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to m~y insttrance proceeds in an amount not to exceed the amotmts unpaid under the Note or this Security Instrmnem, and (b) m~y other of Borrower's rights (other than the right to any refund of unearned premimns paid by Borrower) under all insurance policies coveriug the Property, insofar as such righls ,are applicable to the coverage of the Property. Lender ~nay use the insurance proceeds either to repair or restore lhe Property or to pay amounts unpaid under the Note or this Security htslrtuuent, whether or not then due. ' 6. Occupancy. Borrower shall occnpy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one ),ear after the date of occupancy, unless Lender othem, ise agrees in writing, which consent shtdl not be mu:easonably witlflield, or uuless extentmting circumstances exist which are beyond Borrower's control. 7. Preservation, Maintena,ce and Protection of the Prol)erty; lnsl)ections. Borrower shall not destroy, dmnage or impair the Propert,, allow the Property to detm ionae or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall mainmiu 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 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged lo avoid fi~rther deterioration or dmnage. If insurance or condemnation proceeds are paid in cmmection with damage to, or the takh~g of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds l'or the repairs and restoration in a single payment or in a series of progress payments as the work is completed. IF the insunmce or condenIlmtion proceeds are not sufficient to repair or restore the Property., Borrower is not relieved of Borrower's ob.ligation for the complelion of such repair or restoration. Lender or its agent nmy make reasonable entries upon and illspeclions of the Property. If it has reasonable cause, Lender may inspect the interior of the improvemeuts on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasouable cause. 8. Borrower's Loan Application. Borrower shall be in default if, dum~g the Loan application process, Borrower or m~y persons or entities acting at the direction of Borrower or with Borrower's knowledge or conseut gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with nmterial i~fformation) in com~ection with the Loan. Material representations include, but are nol limilcd to, representations concenfing Borrower's occupancy of the Property a s B o rrower' s principal residence. 9. Protection of Lender's Interest ill the Property ;mtl Rights Under this Security lnstrumeat. If (a) Borrower fails to perform the covemmts m~d agreements conlained in Ibis Security Instrument, Co)there is a legal proceeding that might sig~tificmltly affect Lender's interest m the Property and/or rights under Ibis Security Instrument (such as a proceeding in bankruptcy, probate, for coudcmualion or forfeiture, for enforcenlent ol'a lien which may attain priority over tiffs Secm'ity Instrument or 1o enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's h~terest in the Property and rights under this Security Instrmnent, incltldiug protecting mid/or assessing the value of the Property., and secnriug and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying m~y sums secured by a lien Milch has priority over this Security Instrument; (b) appearing in com't; mid (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights trader this Security Instrument, including its secured position iii a bmff, mptcy proceeding. Sccuriug the Propmly includes, but is not linfited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water titan pipes, elimi~mte building or other code violations or dangerous couditions, and have utilities turned on or ol:f. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender recurs no liability for not taking any or all actions authorized under this Section 9. Loan No: 120076270 Wyomh~g Mortgage-Single Family-Famde Mae/Freddie Mac UNIFORM INSTIIUhlENT --THE COMPLIANCE SOURCE, INC.~ Page 7 of 14 .... ............. II tllllllllll$111tllllllllllltll!tllllllllllllltltll[ MERS Modilicd l?urm 3051 01/01 ~]onv¥ os/aa ~2000, Tte Co nphanc~ Sotu~c~ O O;8:tOS , 0 3 5 4 Any amounts disbursed by Lender lmder tiffs Section 9 shall become additional debt of Borrower secured by this Security Instrmnent. These amounts shall bear interest at tile Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower sh;tll comply with all the provisions of the lease. If Borrower acquires fee title to the Property, rile leasehold mid the fee litle shall not merge mdess Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage h~sm'ance as a condition of making tile Loan, Borrower shall pay the premiums required to maintain the Morlgagc Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to nmke sepmalcly designated payments toward the preufiums for Mortgage Insurance, Borrower shall pay the premiums requirecl to obtain coverage substantially equivalenl to Ihe Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, front an alternate mortgage insurer selected by Lender. If substantially equiwllent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the mnount of the separately designated payments tlmt were due when the insurance coverage ceased to be in effect. Lender will accepL use and retain these payments as a non-refuudable loss reserve iii lieu of Morlgage Iosurance. Such loss rcseiwe shall be non-refundable, notwithstanding the fact that rile Loan is ultimately p~ficl iu fidl, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer reqlffre loss reserve payments if Mortgage Insurance coverage (in the mnount and for the period lhat Lender requires) provided by afl insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the prenfimns for Mortgage lusurance. If Lender required Mortgage lnsm'ance as a condition of making the Loan and Borrower was required to make separately designated paymenls toward file premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage lnstmmce iii effect, or to provide a non-refimdable loss reserve, until Lender's require~nent for Mortgage Insurmme encls in accordance with any written agreement between Borrower and Lender providing fbr such ternfiuafion or until termination is required by Applicable Law. Nothing in this Section 10 ',tffects Borrower's obligation to pay interest at tile rate provided in file Note. Mortgage Insurmlce reimburses Lender (or any entity that lmrchases tile 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 instmmce in force from time to time, and may enter into agreements with other parties flint share or modify their risk, or reduce losses. These agreements are on terms and condifious that are satisfactory to the mortgage insurer and the other party (or parties) io these agreemenls. These agreements may require the mortgage insurer to mmke payments using any source of fimds thai rile mortgage insurer may have available (which may include funds obtained from Mortgage lnstmmce premimns). As a result of these agreements, Lender, any purchaser of tile Note, auoflmr insurer, any reinsurer, rely other entity, or m~y affiliate of any of the foregoing, may receive (direclly or indirectly) amounts that derive fi-om (or might be characterized as) a portion of Borrower's payments for blorlgage Insurance, iii exchange for sharing or niodifying rite mortgage insurer's risk, or reducing losses. If such agreement provides that an ~fffiliate of Lender takes a share of the insurer's risk in exchange for a share of the premitmls paid to the iusurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect tile amounts that Bm'ton, er has agreed to pay roi- Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe fro' Mortgage Insurance, ami they will not entitle Borrower to any rcl'ttnd. (b) Any such agreements will not alIect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or ;tuy other lasv. These rights may include the right to receive certain disclosures, to request and oblitin c;mccllation of the Mm'tgage Insurance, to have the Mortgage Insurance terminated automatically, ;md/or lo receive a refund of any Mm'tgage Insurance ln'emiums that were unearned at the time of such c:tnccllation or termination. Loan No: 120076270 Wyonthig Mortgage-Single Family-Famfie Mae/Freddie Mac UNIFORNI INSTRUMENT --THE COMPLIANCE SOUR. CE, INC.-- Page 8 or 14 MEIIS Modified Form 3051 01/01 11. Assignment of Miscellaneous Proceeds; Fmq'eiture. All Miscellaneous Proceeds are hereby assigned to mid shall be paid to Lender. : If the Property is damaged, such Miscellm~eous Proceeds shall be applied tO restoratiou or repair of the Property, if the restoration or repair is economically feasible and Lender's secm-ity is not lessened. During such repair and restoration period, Lender shall have the right tO hold sttch Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection slmll be undertaken promptly. Lender nmy pay lbr the repairs mid restoratiou in a single disbursement or in a series of progress payments as the work is COml)lclcd. Uuless an agreement is made itl writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender'shall not be required to pay Borrower any interest or eanfings on such Miscellm~eous Proceeds. If the reslorafion or repair is not economically feasible or Lender's security would be lessened, the Miscellm~eous Procecds shall be applied to the sums secured by this Security Iustnnnent, whether or not then due, with the excess, it' any, paid to Borrower. Such Miscellaueous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instnunent, whether or nol then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value ct' the Proper .ty in wldch the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than file amount of the stuns secured by this Security Instrumem inm~ediately before thc partial taking, destruction, or loss in value, mfless Borrower and Lender otherwise agree in writing, lhe stuns seem'ed by this Security Instrument shall be reduced by the amount of the Miscellm~eous Proceeds nmltiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, desmiction, or loss in value divided by (b) the fair mm-ket value of the Property innnediately before the partial taking, destruction, or loss in value. Any balance shall be paid lo Borrower. In the event of a partial taking, destruction, or loss in value of Ihe Property in which the fair market valoe of the Property immediately before the partial taking, destruction, or loss in value is less than the amonnt of the stuns secured inunediately before the partial taking, destruction, or loss in value, uuless Borrower and Leuder otherwise agree in whfing, file Miscellm~eous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the stuns are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Pm-ty (as defined m the next sentence) offers to make an award to settle a claim for damages; Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized 1o collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the stuns secured by this Security Instrument, whether or not then due. "Opposing Pzmy" 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. Borrower shall be in default if any action or proceeding, whether cMl or crinfinal, is begun that, in Lender's judgment, could result in forfeiture of tile Property or other tnalerial impainnent of Lender's interest in tile 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 proceediug to be dismissed with a ruling that, in Leuder's judgment, precludes forfeiture of the Property or other material impairment of Leuder's interest in the Properly or rights under this Security Instnnnent. The proceeds of any award Or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned m~d shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied m the order provided for in Section 2. 12. Borrower Not Released; Forhearance By Lender Not ;t Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Snccessor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceediugs against any Successor in Interest of Loan No: 120076270 Wyomh~g Mortgage-Single Family,Famfie Mae/Frethlie Mac UNIFORM INSTI?,U51 I£NT --TILE COMPLIANCE SOURCE, INC.-- Page 9 of 14 MERS Modilied Form 3051 01/01 ~2000, 'llle Co ~ ph~alce Somce, Borrower or to refuse to extend time for payment or otherwise modil3~ amortization of (he sunls secured by this Security Instrument by reason of any demand made by the original Borrower or arty Successors in lnlerest of Borrower. Any forbearance by Lender in exercising any righ! or rculedy inch~diug, without linfitation, Lender's acceptance of payments from third persons, entities or Successors in hilcr¢$t of Borrower or in amounls less than the amount then due, shall not be a waiver of or preclude the exercise o1' any right or remedy. 13. Joint ami Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations mid liability shall be joint ,'md several. However, m~y Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing fids Security Instrumeut only to mortgage, grmlt and convey the co-signer's interest in the Property tUldCr the terms oftlfis Security Instrument; (b) is not personally obligated to pay the sums secured by this Security [nstrtuuent; and (c) agrees that Lender aid any other Borrower can agree to extend, nrodify, forbear or nmke any accommodations with regard to lhe terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in luterest of Borrower who asstnnes Bon'ower's obligations under tiffs Security Instrument in writing, m~d is approved by Lender, shall obtain all of Borrower's rights m~d benefits under rids Security Instrmnent. Borrower shall not be released from B6rrower's obligations mid liability under this Security Instnnnent unless Lender agrees to such release in writing The covenants and agreements of this Security Instnunent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for sea, ices performed in connection with Borrower's default, for the propose of protecting Lender's interest i,t the Property and rights under this Security Instrument, iucluding, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instm,ncut to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibiled by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximun~ loan charges, and that law is finally inteqxeted so that the interest or other loan charges collected or to be collected in couuection with the Loan exceed the permilled linfits, then: (a) any such loan charge shall be reduced by the mnount necessary to reduce the charge to the pernfitted limit; and Co) any sums already collected from Borrower which exceeded permitted limits will be refimded to Borrower. Lender may choose to make this refiind by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces princip,'d, the rcductiou will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for nnder the Note). Borrower's acceptance of any such refund made by direct payment to Borro~ver will constitute a waiver of any right of actiou Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in comlection with tlds Security Instrument nmst be in writing. Any notice to Borrower in com~ection with this Security Instrumeut shall be deemed to have been given to Borrower when ]nailed by first class mail or wheu actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly nolil3, Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, theu Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Secnrily Inslrunrent at any one time. ;my notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein nnless Lender has designated another address by notice to Borrower. Any notice in co~mection with Otis Security hrstrumem shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will saris(7 the corresponding requirement tinder this Security Instrument. 16. Governing Law; Severability; Rules of Constrncfiun. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained Loan No: 120076270 Wyomhtg Morlgage-Single Family~Famde Mae/Freddie Mac UNIFOI~I INSTI~tJM ENT --TILE COMPLIANCE SOURCE, INC.-- Page 10 or 14 ............... Illlll]lllUIl llll l[ll llllltllfllltitl!lllllltill[ MERS Modified Form 31)51 01/J.}l · 0 a 5 "' in this Security Instrmnem are subject to any requirements and li,nimtions of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall nol be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Secuhty Instrument or the Note conflicts with Applicable Law, such conllict shall not affect other provisions of this Security Instrument or the Note which can be given effect without ihe coullicti,tg provision.. · As used in this Security Insmm~em: (a)words of thc masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words itl the singular shall mean and include the plund and vice versa; and (c) rile word "may" gives sole discretion without any obligation to take ally action. 17. Borrower's Copy. Borrower shall be given one cop5' of the Note and of this Security lnstnunent. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used iu this Section 18, "lmerest in rile Property" means any legal or beneficial interest in the Property, including, but not lilnited to, those beneficial interests transferred in a bond for deed, contract for deed, instalhncnt sales contract or escrow agreement, the intent of which is file transfer of title by Borrower at a fimlre date to a purchaser. If all or any part of the Property or any Interest in the Propcr(v is sold or transferred (or if Borrower is not a natm-al person and a beneficial interest in Borrower is sold or lransfen'ed) without Lender's prior written consent, Lender may require innnediate payment in fldl of all sums secured by this Security Instrument. However, tlfis option shall not be exercised by Lender if such exercise is prolfibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date rite notice is given in accordance with Section 15 wilhin wldch Borrower mnst pay all sums secured by this Secnrity Instrumem. If Bo,'rower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by tltis Security hlstrmnent without fiirflter notice or demaud on Borrower. 19. Borrower's Right to Reinstate After Ac£eleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of fllis Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to ,any power of sale contained in this Security hlstrunlent; (b) such other period as Applicable Law nfight specify for file ternfination of Borrower's right to reiustate; or (c) entry of a judginent mfforcing tiffs Security Instrument. Those conditions are ihat Borrower: (a) pays Lender all stuns which then would be due under this Secnrily Instrmnent and file Note as il' no acceleration had occurred; (b) cures any default of any other covenants or agreemems; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not liufited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in file Property and rights under this Security htstrunteut; and (d) takes such action as Lender may reasonably require lo assure that Lender's interest in the Property and rights under tiffs Security Instrument, and Borrower's obligation to pa), lh¢ sums secured by this Security lnstnnneut, stroll continue unchanged. Lender may require that Borrower pay such reinstalentent sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) men%' order; (c) certified check, bank check, treasurer's check or cashier's check, provided m~y such check is drawn upon an i,~stitution whose deposils are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatemeul by Borrower, lhis Security Instrmnent and obligations secured hereby shall re~nain fidly effective as if no acceleration had occurred. However, fids right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Sen, icer; Notice of Grievance. The Note or a partial interest itt ihe Note (together with tiffs Security Instrument) can be sold one or more times wilhout prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") fltat collects Periodic Payments due under the Note and fltis Security Instn,ment and performs other mortgage loan servicing obligations under rite Note, Otis Security Instrumem, and Applicable Law. There also might be one o~ more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given Writteu notice of the change which will state the ~mme and address of the new Loan Servicer, the address lo which payments should be made and m~y other information RESPA requires in cmmection with a notice of transfer of servicing. If the Note is sold and thereafter file Loan is serviced by a Loan Servicer other than file purchaser of the Note, rile mortgage loan servicing Loan No: 120076270 Wyomh~g Mot~gatle-Single Family-Famde Mae/Freddie Mac UNIFOI~M INSTRUMENT --TrfE COMPLIANCE SOURCE, INC.-- l~'4ge 11 of 14 MERS M.difled Form 3051 01/01 143111W'¥ 08100 0355 obligations to Borrower will renmin with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser urdess otherwise provided by ire Note pt,rchaser. Neither Borrower nor Lender may commence, join, or be joiued to any judicial action (as eiflmr au h~dividtml litigant or the member of a class) that arises from the other party's actions pursuant to this Secl,nty Instrumem or that alleges that the other part'3, has breached any pmvisiou of, or any duty owed by reason of, this Security Instnmlent, m'~til such Borrower or Lender has nolilied the other party (with such notice given itt compliance with 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 ac~ ion. If Applicable Law provides a time period which must elapse before certain actiou cm~ be taken, flint time period x~ill be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportmfity to cure given 1o Borrower pursnanl to Section 22 and the notice of acceleration given to Borrower pursuant to SecLiou 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisious of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "l-iazardous Substances" are those subslances defined as toxic or hazardous substances, pollutants, or wastes by Enviromnental Law and rite following subslances: gasoline, kerosene, other flmnmable or toxic petroleum products, toxic peslicides and herbicides, volatile solvents, materials contail~hlg asbestos or formaldehyde, and radioactive materials; (b) "Enviromnental Law" means federal laws and laws of the jurisdiction where the Property is located th.at ,'elate Lo health, safety or enviromnenLal protection; (c)"Environmental Cleanup" includes any respouse action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Enviromnental Condilio,t" meaus a condition that can cause, cout~ibute to, or othem,ise trigger an Enviromnental Cleanup. Borrower shall not cause or permit file presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow mryone else to do, anylhing affecting file Property (a) that is in violation of any Enviromnenlal Law, (b) which creates an Enviromnental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the ProperLy. The p,'ecedmg two sentences shall not apply to the presence, use, or storage on the Property of small qt,antitics of Hazardous Substances tlmt are generally recognized to be appropriate to nomml residential uses and Io mainle,muce of the Properly (including, but not linfited to, lutzardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) auy iuvestigation, claim, demand, lawsui! or other action by any govermnental or regulatory agency or private party involving the Property and any Hazardous Substance or Enviromnental Law of which Borrower has actual knowledge, (b) any Environmenlal Condition, including but not liufited to, any spilling, leaking, discharge, release or threat of release of any ttazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any govcrnmenLal or regulatory authority, or rely private part),, tlmt any removal or other remediation of ally Hazardous St~bslance affecting rite ProperLy is necessary, Borrower shall promptly take all necessary remedial actions in acco,'dauce with Environmenlal Law. Nothing herein slmll create ,any obligation on Lender for an Environmental Clem NON-UNIFORM COVENANTS. Borrower and Leuder ftH'ther covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Secu,'ity Instrument (but not prior to acceleratimt under Section 18 unless Applicable Law provides othenvise). Thc ,mtice shall specify: (ii) the default; (b) the action required to cm'e the default; (c) a date, not less than 30 days from the'date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Seem'try Instrument ami sale of the Property. The notice shall further inform Borrower of thc right to reinstate oiler acceleration and the right to bring a court action to assert the non-existence of a clef at, It or any other defense of Borrower to acceleration and sale. If the default is not cra'ed un or before Lhc d.'tte specified in the notice, Lender at its Loan No: 120076270 Wyomh~g Mm~gage-Single Family-Famfie Mae/Freddie Mac UNIFORM INSTItUAI I,~'NT --Tile COM-PLIANCE SOURCE, INC.-- Page 12 of 14 ....... ....... I lllllll Illll ll[lllll llll lllllll[t Illlill }llll' [ll! MERS Modilicd Form 30S1 O1/OI .0358 obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Sm¥icer and are not assumed by the Note purchaser unless otherwise provided by thc Note purclmser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or file member of a class) tlmt arises from tile other party's actions pnrstmnt to tiffs Security Instrmnent or dial alleges fllat file other party has breaclied any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notiliccl the other party (with such notice given in compliance with file requiremems of Section 15) of such alleged breach and afforded the other pm-ty hereto a reasonable period after fl~e giving of such notice to take corrective actiou If Applicable Law provides a time period which must elapse before certain action can be taken, flint time period will be deemed to be reasonable for pm-poses of this paragraph. The notice of acceleration and opportmfily to cure given to Borrower pursuant to Section 22 and tile notice of acceleration given to Borrower pursuma to Sectio~ 1~4 shall be deemed to satisfy the notice aud opportunity to take corrective action provisions of this Section 20 21. Hazardous Substances. As used in fltis Section 21: U~) "Hazardous Substances" are those subslances defined as toxic or hazardous substances, pollutm~ts, or wastes by Euviromnental Law and the following substances: gasoline, kerosene, other flamnmble or toxic petrolemn products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive malerials; (b) "Euvirotmiental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or enviromnental protection; (c)"Environmental Cleanup" includes auy response action, remedial action, or remowd acfian, as defined in Environmental Law; and (d) an "Enviromnental Conditioli' means a condition that can cause, conthbule to, or othem, ise trigger mi Environmemal Clemmp. Borrower shall not cause or pernfit fl~e presence, use, disposal, storage, or release of any l-tazardons Substances, or threaten to release any Hazardous Substances, on or iu the Property. Borrower shall not do, nor allow anyone else to do, anything ~fecting fl~e Property (a) that is in violation of any Environmental Law, (b) which creates an Environ,neural Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely 'affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small qnmltilics of Hazardous Substances that are generally recognized to be approprbte to normal residential uses and to mai~tteuauce of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (;0 auy investigation, claim, demand, lawsni! or olher action by any govermnental or regulatory agency or priwne l)arly iuvolving the Property and any ttazardous Substance or Enviromnental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not linfited to, mty spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) m~y condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any govcrmnental or regulatory authority, or any private party, tlmt any removal or other remedia, tion of any Hazardous Subslance affecting the Property is necessary, Borrower shall prompdy take all necessmy remedial actions in accordance with Environmental Law. Nothing herein shall create mS' obligation on Lender for an Enviromnenlal Clcmmp. NON-UNIFORM COVENANTS. Borrower and Lender flu-thor covenant m~d agree as follows: 22. Acceleration; Remedies. Lemler shall give notice tli Borrower prior to acceleration following Bor,'ower's breach of any covenant or agreement in this Security Instrument (but not lictor to acceleration under Section 18 unless Applicable Law provides otherwise). Thc notice shall specify: (a) the default; (10 the action required to cm'e the default; (c) a date, not less than 31} days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secu,'cd by this Seem'try Instrument aud sale of the Property. The notice shall further inform Borrower of thc right to reinstate after acceleration and the right to bring a court action to assert the uon-existenee of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before Itc d.'lte specified in the notice, Lender at its Loan No: 120076270 Wyomhtg Mortgage-Single Family-Famde h'L'~e/Freddie Mac UNIFORAI INSTI4UhlI£NT --TILE COMPLLkNCE SOURCE, INC.-- Page 12 of 14 MERS Modified Form 3051 01101 ~2000, 'lite Co~ ~phm ce So lr~c lac, option may require immediate payment in tull of :ill sums scctlrctl hy this Security Instrument without fnrther demand and may invoke the power of sale anti any oilier remedies permilted by Applicable Law. Lender shall be entitled to collect :ill expenses incurred in ln, rsuing lbe remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees :md costs ,f lille evidence. If Lender invokes the power of sale, Lender sliall give notice of intent to foreclose to Borrower and to the person iu possession of the Property, if differeut, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manneD' provided in Seclion 15. Lender shMl publish the notice of sale, and the Property shall be sold in the manner prescribed hy Aiq}licable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be aplflied in the following order: (a) to all expenses of the sale, including, but not ii~nited to, reasonable attorneys' fees; (b) to all sums secured by Ibis Secm'ity Instrument; and (c) any excess to the person or perstms legally entitled to it. 23. Release. Upon paymem of all sums secured by this Sectmty Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs Leitcler n'l ny charge Borrower a lee for releasing Ihis Security lnstmmeat, but mdy if the fee is paid to a fltird part), for services rendered and Ihe charging of the lee is pernfitted under Applicable Law. 24. Waivers. Borrower releases and waives all righls under and by wnue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contaiued m this Security Instrument and iu any Rider executed by Borrower and recorded wilh il. Wimesses- (Seal) Doug L. I-Iarhq~nn -B 01'1'o vv¢f Printed Name: [Please Complete] Barbara A. I-t~ -Bo~rowe, Printed Name: [Please Complete] (Seal) [Acknowledgment on Foflowing Page] (Seal) Loan No: 120076270 Wyomh~g Mostgage-Single Family~Female Mae/Freddie Mac UNIFORM INSTR UM ENT THE COMi~LIANCE SOURCE, INC. Page 13 of 14 0902,1.08 State of d~//~ ~ ~.~ ,~.5~ § § County of f.,,. /5~ 7za . § Before me the undersigned aufl~oxity, on this day' persona ll y apl)eared Barbara A. H~ · Doug L. 03C0 Hartmann and known to me (or proved to me fltrough m~ identity card or oilier doctHnenl) to be the person(s) whose name is subscribed to the foregoing instrument, and acknowledged to me lhat he/she/lhey executed the same for fl~e pu~oses and consideration fl~erein expressed, Given under my h~d m~d seal on ~s // dayof ~ ~/'5~ ~' ~ (Seal) ~- '?-~'~ Nota~, Public My Commission Expires: Loan No: 120076270 Wyomh~g Mortgage-Single Family-Famde Mae/Freddie Mac UNIFOILS,I INS'I'IIUA I I~N'I' --TI~ COMPLIANCE SOUR. CE, INC.-- Page 14 of 14 MERS Modilied Form 3051 Oil01 O2000.'t1~e Co rtph~me Sot~ce lnc Exhibit "A" Legal Description The following described real estate, situate in Lincoln County and State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State, to-wit: Lot 21 of Block 3 of the Lincoln Heights 5th Addition, Third Filing, to the City of Kemmerer, Lincoln County, Wyoming. Property Address: 1921 Berry Drive, Kemmerer, WY 83101 Property ID #: 21162330303300