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904762
After Recording Return To: FIRST NATIONAL BANK-WEST PO BOX 3110, 100 GREYS RIVER ROA] ALPINE. WYOMING 83128 5,~ 4,\ RECEIVED 11/22, ,, ,lm 4:45 PM RECEIVING # ' .,-.i762 BOOK: 573 , ..,.-;E 288 JEANNE LINCOLN COUNTY Ct . ,, KEMMERER, VVY [Space Above This Line For Rt., ,~ ,Im~ I)ata] Loan Number 79046716 MERS Number 100015700044133631 MORTGAGi' DEFINITIONS Words used in multiple sections of this document are defined below :u~.~ lhcr words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain roles regarding the usage of words used in this documc~ ,- :dso provided in Section 16. (A) "Security Instrument" means this document, which is dated X< ~x I,iXlBER 17, 2004, together with all Riders to this document. (B) "Borrower" is ROBERT L DAVIS JR and JUDITH M DAVIS, i~i 5,1L[NI) And WIFE AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. Borrower is the mortgagor under this St~t ~t v lnstrmnent. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. M I I'.~; is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is thc ~, ,rt ga gee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an add~ ... :~ml telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is FIRST NATIONAL BANK-W-EST. Lender is a C( ~i. i'~ )I,'ATION organized and existing under the laws of WYOMING. Lender's address is PO BOX 3110, 100 GREYS RIVER i.:~ ~ xl), ALPINE, WYOMING 83128. (E) "Note" means the promissory note signed by Borrower and dated ',~ )\"I,LMBER 17, 2004. The Note states that Borrower owes Lender SEVENTY-FIVE THOUSAND AND 00/100ths Dollar~. ~t ~;.$75,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full ~.t l:ttcr than DECEMBER 1, 2019. 0v) "Property" means the property that is described below under the he:, 1~,., "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any i~ t,:,,mcnt charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. 0t) "Riders" means all Riders to this Security Instrument that a~c :ttttcd by Borrower. The following Riders are tobe executed by Borrower [check box as applicable]: [] Adjustable Rate Rider [] Condominium Rider [] Second Home Rider [] Balloon Rider [] Planned Unit Development I.,' ~, ~, ~ [] Other [Specify] [] 1-4 Family Rider [] Biweekly Payment Rider WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTIll'. ~ ~,1' Borrower Initials ~ ,c~,x-, ~ Form 3051 1/01 (page 1 of ll Pages) , 028() (I) "Applicable Law" means all controlling applicable federal, ,~:t:t. ',md local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all :~[ ~l'lWzdflc final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means :,li tlt~cs, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, hom~ ,'.,~ ~.rs association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other i I,~ ~ transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, to lcl,l~,,~ic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or- credit .[,t :~cc~ntnt. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfc~~ ~itiz~icd by telePhone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, .[.,~ :~rd of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described it~ !.;~.clion 5) for: (i)damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Pr,,t ~'~ t~: (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of l l~, I'~,,l~crty. (N) "Mortgage Insurance" means insurance protecting Lender against th,. *~,}~l)ayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due I',,~ ti) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 t:.~;~ '. § 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from Ii~,. ~, limm or any additional or successor legislation or regulation that governs the same subject matter. As used in this Secm i~ ~ l~Irument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortga~t 1,,:,~" cvcn if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has i:~l ~t~ title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Ins t~ TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Lo:~, :,mi all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreemem t'.~dcr lifts Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and conveY to MER5 ,.,dcly as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power ,,t ~,:dc, the following described property located in the County of LINCOLN : [Type of Recording Jurisdiction] [Name of Recording Jurisdicti~ LOT 44 OF THE 3RD AMENDMENT FIRST FILING, RIVER VIE ~X I,' X N (:l 1ETTES SUBDIVISION LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFI( 't \1~ I'I.AT NO. 224E FILED MAY 6, 2004 AS INSTRUMENT NO 899050 OF THE RECORDS (}l '~llE IANCOLN COUNTY CLERK which currently has the address of THAYNE , Wyoming 387 ELLIS LANE COUNTY ROAi} ~.~ 83127 I "I'~, ,[,ct ty Address"): [City] [Zip Code] WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRI Borrower Initials Form 3051 1/01 (page 2 of ll pages) TOGETHER WITH all the improvements now or hereafter erected ,,,~ t l,~. l.'t~perty, and all easements, appu~en~ces, ~d fixtures now or hereafter a p~ of the prope~y. All replacements ~d a(l~l~,,,~, ~h'all also be covered by this Security Inst~ment. All of the foregoing is refe~ed to in this Security Inst~ment as the "1~,,i '~'~ rY." Borrower underst~ds ~d agrees that MERS holds only legal title to the interests grated by Borrower in this Sec.~ ~,, I~lrmncnt, but. if necess~ to comply with law or custom. MERS (as no.nee for Lender ~d Lender's successors mid :~,,~_,~) has the right: to exercise~yorallofthose interests, including, but not li~ted to, the right to foreclose ~d sell ~i,~ I'~,~pcrty; ~d to t~e ~y action required of Lender including, but not li~ted to, releasing ~d c~celing this Security Instrm,t, ~ BORROWER COVENANTS ~at Borrower is law~lly seised of th: .t:ttc~ hereby conveyed ~d has the right to mortgage. gr~t ~d convey the Prope~y ~d that the Prope~y is unencumbered. ,.~ ~.t,t fi~r cncumbr~ces of record. Borrower w~r~ts ~d will defend gener~ly the title to the Prope~y against MI clai~ ~d d, [ ~:,~,ls~ subject to ~y encumbr~ces of record. THIS SECURITY INSTRUMENT combines unifo~ coven~ts fi., ~:,li,mal use ~d non-unifo~ coven~ts with li~ted v~iations by jurisdiction to constitute a unifo~ security instrument cov~.~ ,~,.. ~::d property. UNIFORM COVENANTS. Bo~ower ~d Lender coven~t ~d ag~',., 1. Payment of ~incipal, Interest, Escrow Ite~, ~epaymem I had'Rcs, and Late Charges. Borrower sh~l pay when due the princip~ of, ~d interest on. the debt evidenced by the Note a~tl: ~[, I'~Cl~aymcnt charges ~d late ch~ges due under the Note. Bo~ower sh~l also pay ~nds for Escrow Ite~ pursuit to S~., ~,~,,~ ;. Payments due under the Note ~d this Security Instrument sh~l be made in U.S. cu~ency. However, if ~y check or oIl~ ~ i~qrumcnt received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender m:~', ,~ ,l,irc that ~y or ~1 subsequent payments due under the Note ~d this Security Instrument be made in one or more of the follt,,.. ,~,? Iorms, as selected by Lender: (a) cash; (b) money order; (c) ce~ified check, b~ check, tre~urer's check or cashier's chccl [,,,vidcd any such check is drawn upon ~ institution whose deposits ~e insured by a feder~ agency, instrumentality, or entity: ,, ~,1) [,;lcctronic Funds Tr~sfer. Payments ~e deemed r~eived by Lender when received at the lot':,~ may be designated by Lender in accord~ce with the notice provisions i,~ t.~.~ ~i,,n 15. Lender may return ~y payment or pa~i~ payment if the payment or p~i~ payments ~e insufficient to bring thc I, ~,,~ c'tlrrcnt. Lender may accept any payment or pani~ payment insufficient to bring the ~ cu~ent, without waiver of any ~t~,l~ hereunder or prejudice to its rights to re~se such payment or p~i~ payments in the ~ture, but Lender is not obligated t~, :q~ply such payments at the time such payments ~e accepted. If each Periodic Payment is applied as of its scheduled tlt~:, d:ttc, theu Lender need not pay interest on unapplied ~nds. ~nder may hold such unapplied hnds until Borrower m~es p:,,.~,~t t~ bring the Lo~ current. If Bo~ower does not do so within a re~onable period of time, ~nder shall either appl~ :.~h l'tmds or return themto Borrower. If not applied e~lier, such ~nds will be applied to the outst~ding principM balant'~, t~,~dcr thc Note i~ediately prior to foreclosure. No offset or claim which Bo~ower ~ght have now or in the hture again:.~ I ~.tMcr shall relieve Borrower from m~ing payments due under the Note ~d this Security Instrument or perfo~ng tht. ~,,.',:tl:mt8 and agreements secured by this Security Instrument. 2. Application of Pa~ents or ~oc~. Except ~ othe~is, tl~.:.cri[3cd in this Section2, all payments accepted ~d applied by ~nder shMl be applied in the following order of priority: (:t) i~c~ t.st duc under the Note; (b) principal due under the Note; (c) mounts due under Section 3. Such payments shMl be ~q,l,lit,I i~ each Periodic Payment in the order in which it becme due. Any remaining mounts shall be applied first to late char?. ~,~'~:tmd to any other mounts due under this Security Instrument. ~d ~en to reduce the princip~ bfl~ce of the Note. If Lender receives a payment from Borrower for a delinquent Pcri,,,lic' I':~ymcnt which includes a sufficient mount to pay ~y late charge due, the payment may be applied to the delinquent [, t,, ~tcnt and the late ch~ge. If moreth~one Periodic Payment is outst~ding, Lender may apply ~y payment received from I:~,,~,}wcr to the repa~ent of the Periodic Payments if, ~d to the extent that, each payment c~ be paid in ~11. To the extent tl,,tt :my excess exists after the payment is applied to the ~11 payment of one or more Periodic Payments, such excess may bc :~t'I3{ic.d m any late charges due. Volunta~ prepayments shMl be applied first to ~y prepayment ch~ges ~d then as described in th,. Any application of payments, insur=ce proceeds, or Miscellam'~.,, l'~{~cceds to principal due under the Note shM1 not extend or postpone the due date, or ch~ge the mount, of the Periodic l",,,. ,, 3. Funds for Escrow Ite~. Borrower shall pay to ~nder on thc ~l:~x I',:,i~clic Payments are due under the Note, until the Note is paid in Mll, a sum (the "Funds") to provide for payment of am,,t:~t~,~ d,c for: (a) t~es ~d ~sessments =d other ite~ which c= attain priority over this Security Instrument as a lien or t.t,, ~txl,rance on the Prope~y; (b) leasehold payments or ground rents on the Prope~y, if ~y; (c) pre~ums for ~y ~d :,11 ~,:.[z~'.,xcc required by Lender under Section 5; ~d (d) Mo~gage Insur~ce pre,urns, if ~y. or ~y sums payable by Borrower t,~ I ,'mitt in lieu of the payment of Mortgage Insur~ce pre~u~ in accord~ce with the provisions of Section 10. %ese itc.~,t, :.c called "Escrow Items." At origination or at ~y time during the te~ of the Lo~, Lender may require that Co~umt,. ~ .~;,,ciation Dues, Fees, ~d Assessments, if ~y, be WYOMING--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRI I~Xll~ ?,'1' Form 3051 1/01 (page 3 of ll pages) escrowed by Borrower, and such dues, fees and Lender all notices of amounts to be paid under assessments shall I~, :,~ t ~crow Item. Borrower shall promptly furnish to this Section. Borrox,,, , .l~;tl[ pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Esc~,. l l~.~n.s. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any st~, !~ .,. :~x'c~' may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the am,,[:,,~:. ,t~c for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall fuz~ii, t,, l.cndcr receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to ~, ,i ~. ~,~'1~ payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in ~1~,. !;ccurity Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow l t,,~t, directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its ri~l:, trader Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such :,,~,,,t~t. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Secti,,~ I', :md, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Y;,. ~, ,n 3. Lender may, at any time, collect and hold Funds in an amount (a) st~l':,, ~.~t t~ permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum an~ount a I[ ,,,1, ~ c:m require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reason;~l,!: ~'qimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are i~ ,,~.d by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so in~,u,, ,}~ ,,~' in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specifk.,I ~,~d~:r RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow acc,,~,~ ,~r verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender i,, ~:~[;c. such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, [ ~t~, 1,.~ hhztll not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, h~,.~ ..... ,:~, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Fun&- :. ~,'quircd by RESPA. If there is a surplus of Funds held in escrow, as defined under 1,'1 ~t' \, l.cndcr shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held i~, ~w, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the :~,,t~ttt necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is :, ,l~.licicncy of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Bon,,~., ~.~ ~hall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 moml~ I.. l~:~ymcnts. Upon payment in full of all sums secured by this Security Instrnment I ~.~dcr shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, ch:~ :.,..,. lines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold t):~:, ~,~.nts or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the c,.~, ~t that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority ovc~ ~!, ~.. 5~.cm'ity Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manm.~ :,, ,'~'ptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, ~,~ defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcem~ t,~ ,~' thc lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from thc' I~,,I,Icr ol' the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determine:, ~l,:,t :my part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borr{~;~. ~.~ :~ m~ticc identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien ~)~ ~,1.~. ()nc or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a rca:ti ~..t:~ic: tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements m,.. ,-,.isting or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended covera?~. ":~(I any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This i~.a~;tltcc shall be maintained in theamounts (including deductible levels) and for the periods that Lender requires. What I c.~,,!~.t requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing: ~!~c insttrance shall be chosenby Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not bc ~...~ ~,'i~,tl unreasonably. Lender may require Borrower WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTR! Borrower Initials ~) ~'~ Form 3051 1/01 (page 4 of ll pages) to pay, in connection with this Loan, either: (a) a one-time charge ,, ,~{1 ×oue determination, certification and tracking services; or (b) a one-time charge for flood zone determination amt ~x':ltmu services and subsequent charges each time remappings or similar changes occur which reasonably might affect such ,!, t~.t~ lination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emer~t.~ \1 :m ~gcment Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described al>, I ~..dcr may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to I ,~c tiny particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not pr~,t~ I~,~ ~t~wcr, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might p~,,, .... s~rcater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance covcm,. ., ~,btained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed I,,, Icndcr tinder this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amotm~ · [mil bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from I .... I,.t' m Borrower requesting payment. All insurance policies required by Lender and renewals of such polk'i,., l~:dl bc subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name I ~ ~,lc~' :is mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certific:,~.- It' l.cndcr requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrowc~ ,,I,~:dns any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, ~, i~ i}~,licy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insur:,,, ,' ~ :u'ricr and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwi., :~.,~'cc in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied t ..... ~o~:,iou or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. I,t~ m.,.,~ such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an ,,},l,, ~ltmity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspecti,,, ..1~;~11 bc undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a seric~, ,~ I'~,'grcss payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest tt~ I,.. t~:ml ~m such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fcc~ t,~t Imblic adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall bc ltl~, ~,olc obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessc~,.,t, thc insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with ~1~,. excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate m~cl :~.~1~, :my available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender tlmt tl~,. rosin'ante carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will be[2i~ ,.,. l~.~ thc notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby z, .~:.~s t{~ Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under tht. '..,~tc or this Security Instrument, and (b)any other of Borrower's rights (other than the right to any refund of unearned 1~ ~,m~s paid by Borrower)under all insurance policies covering the Property, insofar as such rights are applicable to thc ~',,., ~.~ :~5c or' the Property. Lender may use the insurance proceeds either to rePair or restore the Property or to pay amounts unpaitl t ltl~l{q' thc Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the lh,,i ','try :is Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to o¢cu[, g lw l'ropcrty as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise a~ ,.,, ~t~ xx riling, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Bo~,. ,,,,. ~.r's control. 7. Preservation, Maintenance and Protection of the ProperD; In',lwctions. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste ~.~ tl~,. l'ropcrty. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent thc I'~, q>cny from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that rcl>:`i~ ,,~ restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterior:, ~,,~ ,,i- damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, I:, u ts~\%'cr shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purpose:, I.ctMcr may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as th,- ...,.,,~k is completed. If the insurance or condenmation proceeds are not sufficient to repair or restore the Property, Borrower is t~, ~ ~,'1 icvcd of Borrower's obligation for the completion of such repair or restoration. WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRI I~1. X.'l' Form 3051 1/01 (page 5 ofll pages) Lender or its agent may make reasonable entries upon and inspecti,,~, ~1 thc Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender sl~:~ii .~,ivc ll(~rrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default il. ~1~ ~} Iht Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Bor~,....~t's k~owledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or I'.~1:,1 ,, provide Lender with material information)in connection with the Loan. Material representations include, but are ~.~ li~l~itcd 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 I ~,~, Ibis Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security ln~.~,~,~,:~t, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights t~t., tl~is Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforceme~ ~ .,~ lien which may attain priorityover this Security Instrument or to enforce laws or regulations), or (c) Borrower has al~,t:,l,,~c:tl the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest i~ ~I~, I't~q)crty and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and secu~ i~. :~,l/,~r repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a li~. ...... I~ich has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to pr,,t,~, ~ its i~terest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy 1' .... ~.cding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace t,~ i,~ ,:t~l t~1) doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, a~,,I I~.~',',~ ~titities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not ~,~,,l~,~ a~y duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized und~, ~i,, Sect ion 9. Any amounts disbursed by Lender under this Section 9 shall bect,~ ,I,titional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from ~1~ ~t:~c ~,fdisbursement 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 c,~,i,t~ with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not ~. ~,.~. t~lcss Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance .: :~ t~xdition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect, l i, I't)r any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that i,, ~'x'it,t~sly provided such insurance and Borrower was required to make separately designated payments toward the premiu,~,~ t,,t' Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to thc :'..l,~t~7.,~gc Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage In,,~.~,~'c previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insural~, ~ ~,)~c'r',~Z,.c is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments th:~ ~,,.~ c dt~e when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refu~,i:,~,l~: I,)ss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that th,~ I, ,:~t~ is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, i ~..~,lcr can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Le~l~ ~ , ,.,lt~il'cS) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately ,1~ i...~t:ttctl payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition ot ~,~:,l i,~g thc Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage 1~, ~,:~cc, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundabl, I~,.~ ~cscrve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borr,,,.~, :~1 l~ender providing for such termination or until termination is required by Applicable Law. Nothing in this Section l l~ ,~,.[ts llorrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purcha~,, . tl~c Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortga~. l~:,t~r:.~ce. Mortgage insurers evaluate their total risk on all such insurance in I~ ,~ ,',' I'r~)m time to time. and may enter into agreements with other parties that share or modify their risk, or reduce losses, t i,~.~,c agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties)~,, ~!~,sc agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the r~ ,~ ~t,~_,c i~surer may have available (which may include funds obtained from Mortgage Insurance premiums). WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRU~\ i~ :, I' Form 3051 1/01 (page 6 of ll pages) As a result of these agreements. Lender, any purchaser of the Note. ~ ,~L'r insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) ~,~ ~,~ lhat derive from (or ~gh~ be characterized as) a potion of Borrower's paymems for Mo~gage Insur~ce, in exch~gc , ~,h:.'mg or modi~ing ~he mo~gage insurer's risk, or reducing losses. If such agreemem provides ~ha[ ~ afSlia~e of Lender ~:~ ~.~. :~ ~h:~rc of ~he insurer's risk in exch~ge for a sh3re of the pre~u~ paid to the insurer, the ~gement is often te~ed "cap~,,~ ~','inst~r~ce." Fu~her: (a) Any such agr~ments ~11 not affect the amounts that Borro~,.~ It:~.s ugreed to pay for Mortgage Insurance, or any other ter~ of the Loan. Such agr~ments will not increase lhe an..~,,t lire'rower ~11 owe for Mortgage ~surance, and they ~11 not entitle Borrower to any refund. (b) Any such agr~ments ~11 not affect the rights Borrower h... - il' uny - with r~p~t to the Mortgage Insurance under the Home.ers ~ot~tion Act of 1998 or any other lax~. ~ h~.t, rights may include the right to r~eive certain · sclosur~, to requ~t and obtain cancellation of the Mortgage ln'.~;mt'c, tO have the Mortgage Insurance terminated automatically, and/or to r~eive a refund of any Mortgage Insur:.~ ~ l,~'t, miunls that were unearned at the time of such cancellation or ter~nation. 11. Assignment of ~scellaneous ~oceeds; Forfeiture. All Mi-~, Il:me, ms Proceeds are hereby assigned to ~d shall be paid to ~nder. If the Propeffy is d~aged, such Miscell~eous Proceeds shall ~ :,t,l~liccl to restoration or repair of the Prope~y, if the restoration or repair is econo~cMly feasible =d ~nder's security is ;~,,r l,.:,scncd. During such repair =d restoration period, Lender shill have the right to hold such Miscell~eous Proceeds until Lt.~,,~ [ l~:~s had an oppo~unity to inspect such Prope~y to ensure the work has been completed to Lender's satisfaction, provid, .t ~h:, such inspection shfllbeundeH~enpromptly. Lender may pay for the repairs ~d restoration in a single disburs~.~.~ t.' iu a series of progress payments as theworkis completed. Unless ~ agreement is made in writing or Applicable I ~,,, ~Ctlttircs interest to be paidon such Miscell~eous Proceeds, ~nder sh~l not be required to pay Bo~ower ~y interc~,~ ,.' c:.'aings on such Miscell~eous Proceeds. If the restoration or repair is not econo~cally feasible or ~nder's security ,...,,,~tl be lessened, the Miscell~eous Proceeds shall be applied to the su~ secured by this Security Instrument, whether or .,~t lltc~t duc, with the excess, iffy, paid to Bo~ower. Such Miscell~eous Proceeds shMl be applied in the order provided for i~ ',,~ ~i,m 2. In the event of a totM t~ing, destruction, or loss in value of the t~ 't'c'ttY, thc Miscell~eous Proceeds shill be applied to the su~ secured by this Security Instrument, whether or not then due. x~ i; ~ ~t~t, excess, if ~y, paid to Borrower. In the event of a p~iM t~ing, destruction, or loss in vMue of thc l'.,,i,~.~'ly in which the fair market vMue of the Property i~ediately before the paHiM t~ing, destruction, or loss in vMue is eq. ,~ ~ ~.' greater th~ the mount of the su~ secured by this Security Instrument i~ediately before the p~ial t~ing, dest~t~,~,,~, t~r loss in value, u~ess Borrower ~dLender othe~ise agree in writing, the su~ secured by this Security Instmm..~ ~ ~.t~:~11 be reduced by the mount of the Miscell~eous Proceeds multiplied by the following fraction: (a) the total mount ol ~,,. ,,titus secured i~ediately before the p~iM t~ing, destruction, or loss in vMue divided by (b) the hir m~ket v~ue ,,~ [1~, Property i~ediately before the partial t~ing, destruction, or loss in vflue. Any bal~ce shill be paid to Borrower. h ~e event of a pmifl t~ing, destruction, or loss in v~ue of iht. t'~,,l.C, rty in which the fair mmket value of the Property i~ediately before the p~ifl t~ng, destruction, or loss in value i ~,.,, than the mount of the su~ secured i~ediately before the pmial t~ing, destruction, or loss in value, unless Boxower :.~,~ I ,'~dcr othe~ise agree in writing, the Miscell~eous Proceeds shill be applied to the su~ secured by this Security Instrument ¥, l,~,thcr or not the su~ ~e then due. If the Prope~y is ab~doned by Bo~ower, or if, a~er notice by Lc~,l~ ~ ~,~ Borrower that the Opposing Pray (as defined in the next sentence) offers to m~e ~ award to settle a claim for dm~:,t.,, ll,,rrower fails to respond to ~nder within 30 days after the date the notice is given, Mnder is authorized to collect ~d :~1>I'1', thc Miscellaeous Proceeds either to restoration or repair of the Property or to the su~ secured by this Security Instrument, ,.. I,~.thcr or not then due. "Opposing Party" me~s the third p~y that owes Borrower Miscell~eous Proceeds or the party :~:,,~t wh{m~ Borrower has a right of action in regard to Miscell~eous Proceeds. Borrower shall be in default if ~y action or proceeding, whethc~ ~lxtl t>l' crinfinal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impai~em ,,~ Icndcr's interest in the Property or rights under this Security Instrument. Borrower c~ cure such a default ~d, if accelerati,.~, 1~,~ ~ccurred, reinstate as provided in Section 19, by causing the action or proceeding to be dis~ssed with a ruling ~at, in Lt:~,l, ~'~ judgment, precludes forfeiture of the Property or other materifl impai~ent of Lender's interest in the Property or ri~h~ ~,1~:~-this Security Instrument. The proceeds of ~y awed or claim for d~ages that are attributable to the impai~ent of 1 ~ ~,l,'r's interest in the Property are hereby assigned ~d shill be paid to Lender. All Miscell~eous Proceeds that ae not applied to restoration ,. ~'i.:dr of the Property shall be applied in the order provided for in Section 2. WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRI!~\i~, ~ I' Form 3051 1/01 (page 7 of ll pages) 12. Borrower Not Released~ Forbearance By Lender Not a Wai~,,. I'~Icnsion of the time for payment or modification of amortization of the sums secured by this Security Instrument grantc(I i, I cmlcr to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any (,,~, ,~;(~rs in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest ,,~ I~,~n'(~wcr or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security In. ~,~(.~ by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance I~. I c~dcr in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third pers~.. ~'~li~ics or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclu(l,. ~l~c exercise of any right or remedy. 13. Joint and Several Liabilityl Co-signers~ Successors and A....i...~,~ l~ound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. Howe~.~. :~%' f~(~rrower who co-signs this Security Instrument but does not execute the Note (a ~'co-si~ner'~): (a) is co-signing this Sec~, l~nm~ent only to mortgage~ grant and convey the co-signer's interest in the Property under the terms of this Security Ins~,,,~.~: ([)) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any ,~,~.~ ~on'ower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instru~ ~ ~¥ ~hc Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interes~ ,,~ I', ~)wcr who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall ,,t~m all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's ,,i,li?~ions and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agn~ ~ ~ ~ff this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Char~es. Lender may charge Borrower fees for services p(.~ ~,,~ ~cd h~ connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under ~i~. ~ccurily Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to ,~,., ,,~hcr fees, ~he absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not bc ~,,~.~l~c(i as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security l~.~c~t or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, :~,~1 ~h:~t l~w is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the 1,~ ~ ( ~cccd thc permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge t,, ~i~.. i,cn~fi~cd liner; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded t~, i:,,~wcr. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct i~, ,~.~ I(~ Borrower. Ifa refund reduces principal, the reduction will be treated as a partial prepayment without any prep:~...,~(~ charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refine,! ~:~,lc by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such ov~.~ I. :, ~ 15. Notices. All notices given by Borrower or Lender in connectio~ i~!~ ~hi~ Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be (1~ ~.~,,1 ~ h~ve been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address it' :~ ~ by ~her means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requi~. ~,ll~crwisc. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by n~ ~. ~(~ I.cadcr. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for~ i" ~li~ Borroweffs change of address, then Borrower shall only report a change of address through that specified procedure, li~-~c m%' be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be ~:, i. ,~ I,v delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another a~I~i~: ~.~ I~y nolice ~o Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to I. ,~1c¥ until actually received by Lender. If any notice required by this Security Instrument is also required under Applicabl~ ~ :~,', ~hc Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This S~., ~,~ its I llhtrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights :~:, 1 ,,l~li~.,:~tions contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applic:~i,i, I :~ might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be c,~ ~ tlc.ti a.s a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument ,~ tflx. N ti to couflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the 5.,,~,. ~xhich can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gc~,!., ,..l~:tll meau and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mea~ .,~,i i~clmlc the plural and vice 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 N~,~:. ~t~,l t,l' this Security Instrument. WYOMING-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRU.\ii ~.. I' Form 3051 1/01 (page 8 of 11 pages) 18. Transfer of the Property or a Beneficial Interest in Borrower.,. \:, ~lsc'cl ill this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but ~,,~ litxfitcd to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrox~ ,, .~,.c~cnt, the intent 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 ~,;,,~, i , ,~ Ir:msfcrred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) withoul I ~.~dc.r's prior written consent, Lender may require immediate payment in full of all sums secured by this Security In~t~,.~t. tlowever, this option shall not be exercised by Lender if such exercise is prohibited by Applicable law. If Lender exercises this option, Lender shall give Borrower notice ,, :~c c'c'lcration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance x~ili~ ~ic,.li~m 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these- .~,~.~ prior to the expiration of this period, Lender may invoke any remedies pernfitted by this Security Instrument without furthc~ ~, ~t icc. or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Bot'~,,..~.,.~' meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any ~,,~,,, p~'ior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security ln~t, ~.~t; (b) such other period as Applicable Law might specify for the tenwfination of Borrower's right to reinstate; or (c) entry ~,.. :, i~,l'.,~cnt enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then woul,l t,~. duc under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other c,,~.,-~:mls t~r agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, rea~,,~:,!,lc :lttt)meys' tees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender-', ~tcrcst in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require i,, ,,. :.ttt'c that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay thc ~:c ~cctH'cd by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sm~. :md expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, b:t~,i ct,tek, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insm ~1 t,~ a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this .c;~'~it3 Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However-. ~l~i,; right to reinstate shall not apply in thecase of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. i l~c Nme or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior n,,~ ~,',' ~,~ liorrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Paymc.~. dt~c under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, fl~i :-;,.cm-ity Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sal, ,,1 ~l~c. Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state thc. ~.,~,;c :md address of the new Loan Servicer, the address to which payments should be made and any other information RI?'.~ii' ~,, ~c'quircs in connection with a noticeoftransferof servicing. If the Note is sold and thereafter the Loan is serviced by ~ i ,,:,n Sc~rvicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with 11~~ I.c~an Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise pr~,,, i,.!cd b),' thc Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to :,~'. ittdi<ial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuan~ ~, ~hi~ Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, thi:, !.~, tn it3' Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with tl~c~ ~'~l~ti~'cm~nts of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving o1' ~ I~ n~,tic~ to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be tal.,.,~ ~l~:~t time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity ~,~, ~. ~ivcn to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 sh:tli I,,~ ,lc.creed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "H,~/:~,I,,t~ .'-;t t stances are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Lax,, :~,t ibc following substances: gasoline, kerosene, other flanmmble or toxic petroleum products, toxic pesticides and herbici,i,, xolatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Enviromnental Law" ~t~..:,~ lc'doral laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protec'~,' /~ "l~nvironmental Cleanup" includes any response action, remedial action, or removal action, as defined in Envirom~cm,I I :~w: :md (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Envirom~, ~.~1 ('lc:mup. WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRI \ii '~ I' Form 3051 1/01 (page 9 of l l pages) Borrower shall not cause or permit the presence, use, disposal, stora,, ~,t :clcaso of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borro~t~ !,:dl not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Lax~. t~,~ ~,,hid~ creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, c~, ~ ,~ condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presenct. ~,~' storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appr0priatc ,,,~'mal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer I," ', t t:ctsl. Borrower shall promptly give Lender written notice of (a) any inves~ governmental or regulatory agency or private party involving the Properl,. of which Borrower has actual knowledge, (b) any Environmental Conditi, discharge, release or threat of release of any Hazardous Substance, and of a Hazardous Substance which adversely affects the value of the I' governmental or regulatory authority, or any private party, that any rem~ affecting the Property is necessary, Borrower shall promptly take Environmental Law. Nothing herein shall create any obligation on Lendc~ NON-UNIFORM COVENANTS. Borrower and Lender further covc.~ 22. Acceleration; Remedies. Lender shall give notice to Borroxvc~ of any covenant or agreement in this Security Instrument (but not prim Law provides otherwise). The notice shall specify: (a)the default; not less than 30 days from the date the notice is given to Borro~, failure to cure the default on or before the date specified in the notic,. ,}~ claim, demand, lawsuit or other action by any :..~,~ :my l lazardous Substance or Environmental Law including but not limited to, any spilling, leaking, condition caused by the presence, use or release ,:~tv. If Borrower learns, or is notified by any ,,~ other remediation of any Hazardous Substance ~tt'ccssary remedial actions in accordance with ,~ I!nvironmental Cleanup. ~ttd :roYce as follows: ,~ mr to acceleration following Borrower's breach ,, mxclcration under Section 18 unless Applicable hc action required to cure the default; (c) a date, I,~ ~hich the default must be cured; and (d) that ~:,, result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall fm ~i,.~, inl'orm Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-exi?,t..m-c ,[ a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the d:,~,. -,pecil'ied in the notice, Lender at its option may require immediate payment in full of all sums secured by this St,~.~, it, Instrument without further demand and may invoke the power of sale and any other remedies permitted by AI,i~lit'able Law. Lender shall be entitled to collect ali expenses incurred in pursuing the remedies provided in this Secti,,~, 22. including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice o1' i,,t,.nt to t'oreclose to Borrower and to the person in possession of the Property, if different, in accordance with Appli,..,I,l~. l~aw. Lender shall give notice ofthesaleto Borrower in the manner provided in Section 15. Lender shall publi.q~ ,~,, n.tice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee ma.~ l.ttcchzlse the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses ,,~ ~h{, s:,le, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security lnstrume,~: :,mi (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Ins~,: ~m Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower .. ,..,. I'or releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of thc -~ l~crmitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by v~ ,~i thc homestead exemption laws of Wyoming. WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRU~\ I I '., I Form 3051 1/01 (page 10 of ll pages) O.904V h BY SIGNING BELOW, Borrower accepts and agrees to the term,, in any Rider executed by Borrower and recorded with it. ,.0<:,98 contained in this Security Instrument and R©.,'!_ !: I 1. I)AVIS JR ~/ -Borrower ', - (Seal) JUlh: t! ,\1 I)AVIS -Borrower (Seal) -Borrower .(Seal) -Borrower [Space Below This Line For ACM., . IL., ~ment] State of WYOMING County of LINCOLN The foregoing instrument was HUSBAND And WIFE AS JOINT 2004. Witness my hand and official seal. (Seal) My Commission Expires: 09/18/07 acknowledged before me by l~ ~BI, ICi' 1, DAVIS JR and JUDITH M DAVIS, TENANTS VqITH RIGHT 01' ~,I'RVIVORSHIP this 17THday of NOVEMBER, Notary. PENri4 (Print or type name) VV'YONIING--Single Fanfily--Fannie Mae/Freddie Mac UNIFORM INSTR (. t Form 3051 1/01 (page 11 of 11 pages)