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HomeMy WebLinkAbout905571 RECEIVED 12/30/2004 at 1:43 PM RECEIVING ¢~ 905571 BOOK: 576 PAGE: 270 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 'i ,· . ' [.~a~n A.bovt Th~ ~ For R~ordm,~ Da4 Form RD 3550-14 WY : . (11-96) OMB No. 0575-0172 United States Department of Agriculture Rural Housing Se.wic~ MORTGAGE FOR WYOMING THIS MORTGAGE ("Security Instrument") is made on September 20 , 2004. t~a,- The mortgagor is pATRicIA~.'MAGEE ("Borrower"). This Security Instrument is given to the United States of America acting throu; paid earlier, due and payable on the maturity date: Date of Instrument·:' Princioal Amount 9/20/2004 $102,255~00 9/20/2( secures to Lender: (a) the repayment of the debt c~ ~dcnced by the Note, With interes all renewah extensions and modifications of the Note;(b) the payment of all other su m~:,, with intere,s.t, advanced under paragraph 7 to protect the property covered by this Security Instrument; (c)the perform&ncc ,~' Borrowers covenants and agree~ne~ts under this : ' ': Secdrit~ Instrument and the Notei"and (d) the recapture of ~ny paymen ~ss stance and subsidy which r~ay be granted to the : ' BorroWer by the Lender pursuant to42 ~J.s.c. §§ 1~72(g) or 14~30a. i:o,; i.~s purpose, Borrowerld~es hereby mt~tgage, grant,' and convey to Lender, wiih Power 0fsale~ the following described propc~.~ ,ocatcd in the County°f::' LINCOLN , State of Wyo~:m~g: of the .Halt the officiaJ plat thereof; 3n to the Town ofAflon, Linc,,in County, ~' ':" which has the address of 150 Willard 83110 Wyoming [zml ( roperty Address ); Public reporting burden for this collection of information is estimatea ro aver~ty.e 15 minutes per response, including the instruction, searching existing data sources, gathering and maintaining fhe ~ic~t,~ m'cded, and completing and reviewing the collection of information. Send comments J'egarding this burden estimate or any other aspect q/' thts collection of information including suggestions for reducing this burden,, to the U.S. Department of Agriculture. Clearance Officer, A' i ~ )t~- 7602, 1400 Independence A ye.. S. W~o Washington. D.C. 20250-7602. Please DO NOTRETURN this form to this address. Forward to trw i,,cal (~SDA office only. You are not required to respond to this collection of inf°rmaiion unless it displaYs a currently valid OMB number. ' NOTE: This' serves to correct that certain mortgage recor'ded Page lof6 September 21, 2004 in Book 567PR on pa.,e 729 of the records /? '~-~-~ the Lincoln County Clerk ~'~*:~' " t~' ~., :ecL the maturity date ' ......~tI'[ TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures which now or hereafter are a pan of tl~- t)roperty. All replacements and additions shall also be covered by this Security Instrument. All of the forego :: ~ referred to in ~is SecUrity Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seisc~t t~f the estate to grant and convey the Property and that the Property is unct,'t~:nbered, except of record· Borrower warrants and will defend generally the title to the Propc~ ~y against all claims and demands, subject to any encumbrances of record: · · . . THIS SECURITY INSTRUMENT combines uniform cove~a~ts for national use and non-uniform Covenants with limited variations by jurisdiction to constitute a uniform sect, ity instrument coveting real property. UNIFORM COVENANTs. Borrower and Lender covenant a~d agree as follows: i : . · · 1. Payment of Principal and Interest; Prepayment and l~ale ( harges Borrower Shall promptly pay when due the principal of and interest on the debt evidenced by the N~tc and any prepayment and late charges due under the Note . 2. Funds for Taxes and Insurance. Subject t° applicable l~w or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under thc Note, until the Note is paid in full, a sum insurance premiums; and (d) yearly flood insurance prennums. ~l any. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount ~,,t to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.(? ~ 2601 et seq. ("RESPA"), unless another law or federal regulation that applies to the Funds sets a lesser amount !~' :it) Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender ma) cs~in~ate the amount of Ffinds due on the basis of current data and reasonable estimates of expenditures of futu:, ~'.zcrow Items or otherwise in accordance with applicable law. ' The Funds shall be held by a federal agency (including Le~,l~'~ ~ ~ in an institution whose deposits are insured by a federal agency, instrumentality, or entity. Lender shall appl3, t,i~e t:unds to pay the Escrow Items· Lender may not charge Borrower for holding and applying the Funds, annuall) ,,~alyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds allot applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a o~c-t~e charge for an independent real estate tax repo~ting service used by Lender in connection with this loan, u~ ,c~.s applicable law provides otherwise· Unless an agreement is made or al~plicable laTM requires interest to be paid, ~ c~der shall not be required to pay Borrower any inierest or earnings on the Funds· Borrower and Lender may a~,r~'~: m writing, however, that inter~st shall be paid on the Funds L~der shall give to Borrower, without charge, a~ and debits to the Funds and the purpose for which each debit t~) ~l~c Funds was made· The Funds are piedged as additional security for all sums secured by this Security Instnamc~t :: If the Funds held by Lender exceed the amounts permitted ~t, ~i~. held by applicable law, Lender shall aCcOunt t° Borrower for the excess funds in accordance with the requiremc~t. held by Lender at any time is not sufficient to pay the Escrow ft~.~s when due, Lender may s° notify Borrower in writing, and, in such case BOrrower shall pay to Lender the amot~i~t necessary to make up the deficiency. Borrower shall r~ake up the deficiency in no more than twelve monthly pay~c~ts, at Lender's sole discretion· ":. UpOn payment in full: of all sums secured by this Secu Borrower alaY Funds held by Lender. If Lender shall acquire o~ 22, Lender, prior to the acquisition or sale of the Property, shall .~pply any Funds held by Lender at the time of acquisition bi'sale as a credit against the sums secured by this Scct~rit~ Instrument. ' · 3. APpliCation of Payments. Unless applicable law or I.c~,icrs regulations provide otherwise, all PaYments received bs; Lender under 13aragraphs 1 and 2 shall be applied the presen;ati°n or protection of the P~operty or enforcei~ent (3) to principal du~ under the Note; (4) to amounts required :',,~ :!,c escrow items ·under paragraph 2; (5) to late charges and other:fees and charges... '.. 4. Charges; Liens Borro~'ver shall pay all taxes, assessme lis ~ ~;a~ es, fines and im ositions attributable to the · ': . . . . , , g P Property which may attain priority over thts Security Instrume,~. ~,,~,d leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in ,:~:,: ra?h 2, or if not paid in that manner, Borrower shall PaY them on time directly to the person owed payment. Bi,r~,,~ er shall promptly fUmish to Lender all notices of aniot.[nts t° be paid under this paragraph. If Borro;,ver makes tilcse payments directly, BorrOwer shall promptly furnish to Lender: receipts evidencing the payments· Borrower shall promptly discharge any lien which has prto,',~3' over th~s Security .agreed in writing to such lien or Borrower: (a) agrees in writing to mc payment of the obligation secured by the lien m a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subt~rdinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may gi~'d Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within ten (10) days of the giwng of notice. Borrower shall pay to Lender such fees and other charges as may now or hereafter be required by regulations of Lender, and pay or reimburse Lender for all of Lender=s fees, c~).~;ts, and expenses in connection with any full or partial release or subordination of this instrument or any other transaction affecting the property~ 5. Hazard or Property Insurance; Borrower shall keep the ~.:~provements now existing or hereafter erected on the Property insured against loss by fire, hazards included wmtt~ the term "extended coverage" and any other hazards, including floods or flooding, for which Lender reqmres :~:~,urance. This insurance shall be maintained in the amounts and for the periods that Lender reqmres. The insure: providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreas,,~ably withheld. If Borrower fails to maintain coverage described above, at Lender's option Lender may obtain c~'crage to protect Lenders rights in the Property pursuant to paragraph 7. All insurance policies and renewals shall be in a form accci),~able to Lender and shall include a standard mortgagee clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal n~mces. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender ma~' make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insa~,nce proceeds shall be applied to restoration or repair of the Properly damaged, if the restoration or repair is ec~mmnicaliy feasible and Lender's security is not lessened. If the restoration or repair is not economically feasi!~k- ()r Lender's security would be lessex~ed, the insurance proceeds shall be applied to the sums secured by this 5;ccarity Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property or does not answer within thirty (30) days a notice from Lender that the insurance carrier has offered to settle ~ claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the tqt,pcrty or to pay sums secured by this Security Instrument, whether or not then due. The thirty (30) day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred t~ m paragraphs 1 and 2 or change the amount of the payments. If after acceleration :the Property ~s acquired by kcndcr, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acqmsition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the a t: q u i sitio n. 6. Preservation, Maintenance, and Protection of the l'roperty; Borrower's Loan Application; Leaseholds. Borrower shall not destroy, damage or impair thc Piopcrty, allow the Property to deteriorate, or commit waste on the Property. Borrower shall maintain the improvements in good repair and make repairs required by Lender? Borrower shall comply with all laws ordinances, and ;c~,:flat~ons affecting the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil ~5:- criminal, is beghn that ~ Lender's good faith judgment could result in forfeiture of the Property or otherwise nt::~:r~aily tmpair the lien created by this Security Instrument or Lender's security interest. Borrower may cure suc:~ _ ..,~c£auh by causing the action or proceeding to be dismissed with a ruhng that, m Lender s good froth determ~nat~,~?~ precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien create0 ~ tilts Security Instrument or Lender's security .interest, Bo. rrower s. hall also be in default if Borrower, during thc ~t,an application process, gave materiall~ false o~r maccura, te informatmn or statements to Lender (or failed to prox'ide Lender vrith any material inforrriation)in connecnon with the loan evidenced by the Note. If this Security instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires Icc title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. IfBorrowc~ l'ails to 1: contained in this Security Instrument or there is a legal proceedim~ that may sienificanflv affect Lender's riehts m the Property (such as a proceeding m bankruptcy, probate, for ct)n~ clnnat~on or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary ~,, l>t otect the value of the Property and Lender's:: ' . rights in the Property. Lender's actions may include paying any sutli~ secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys tees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, lcnder is not required to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to t~thc' terms of payment, these amounts shall bear interest frown the'date of disbursement at the Note rate anti Shall bc I ayable, with interest, upon notice from Lender to Borrower requesting payment. 8. Refinancing, If at any time it shall appear to Lender that Borrower may be able to obtain a loan from a Page 3 of 6 responsible cooperative or private credit source, at reasonable tares and terms for purposes, Borrower will, upon the Lender's request, apply for and accept suc'h loan in sufficient amOunt to pay the note and any indebtedness secured hereby in full. 9, Inspection. Lender or its agent may make reasonable enrac:; upon and inspections of the ProPertY. Lender shall give Borrower notice at the time of or prior to an inspection sp,_'cifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim fm damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, ~r for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whethe~ or not then due, with any Excess paid to Borrower. In the event of a partial taking of the Property in which the fak ma~ kct value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instmmerlt immediately before the taking, unless Borrower and Lender otherwise agree in writing, thc sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the follt~ing fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair m~, kct value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is lc~s than the amount of the sums secured hereby immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable ia~ ' otherwise prov!des, the proceeds shall be applied to the sums securc, d by this Security Insirument whether 0r not the sums are then due. ' If the Property is abandoned by Borrower, or if, after notice b~,. I,ender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to t c~';pond to Lender within thirty (30) days after the date the notice is given, Lender is authorized to collect and appl5 thc proceeds, at its option, either to restoration or repair of the Property or tothe sums secured by this Security Inst~u.;ncnt, whether or not then due. Unless Lender and .... Borrower otherw~sei agree in writing, any. application of pro,:~-~-, · m principal shall not extend or postpone the aue date of thc monthly payments referred to m paragraphs 1 and 2 ,.~r change the amount of such payments. · 11. Borrower Not Released; Forbearance By Lender Not :~ Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security instrument granted by Lender to Bo~ower and any success, or.in interest of Borrower shall not operate to release thc iiability of the original Borrower or Borrower's successors m mterest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortizatkm of the sums secured by this Security Instrument by reason of any demand made by the original Borrower Or Borrower's successors in interest. Any forbearance by' Lender in exercising any right or remedy shall not be a waiver of t,~ i;rcclude the exercise of any right o~- remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The cove~aant~ and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16. BorroWer's covenants and agreements shall be joint and severali :AnY BorrOwer who "' co-signs thiS:~ecurity Instrument but does not execute ~e Note: (a) is co-signing this Security Instrument 0nly to mortgage, grant and convey that B°rrower's interest in the Property under the terms 0f this SeCUrity Instrument; (b) ~s not personally obligated to pay thc sums secured by this Security Instrument and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any :tcconm~odations wi~h regard to the terms of this security InStrument or flue Note without thai Borrower's consent ~ ~ ' 13. Notices. Any notice to Borrower provided for in this Sccm it> Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires us,- m' another method. The hotice shall be directed to the PrOperty Address or any other address Borrower d~signatcs by notice to Lender. Any notice to Lender shall be given by ~arst class mail t~ Lender's address stated herein or :~,.~y other address Lender designates by notice to BorroWer. Any nOtice Provided for in this Security Instrument shztiI b~ deemed to have been given to Borrower or.i. Lender when given as provided in this paragraph 14. Governing I~aw; Severability. This Security instrumc~r .~all be governed by federal laTM. In the event that any provision or clause of this Security Instrument or the N~tc ,',inflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note x,. tfich can be given effect without the conflicting provision. To this end the provisions of this Security Instrume~:; ,);~,i ~he Note are declared to be severable. This instrument shall .b.e subject to the present regulations of Lender. ~.~:i ~, ~ts future regulations not inconsistent with the .express promstons hereof. All powers and agencies granted ,;~ ,!.~,:~ instm~nent are coupled with an interest and are irrevocable by death or otherwise; and the rights and remed~c.~ ~rovided in this instrument are cumulative to remedies provided by law. ' · i: · 15. Borrower's Copy. Borrower acknowledges ~eceipt ol one conformed copy of the Note and of this Security Instrument. . . .. 16. Transfer of the Property or a Beneficial Interest in lh~rrower. If all or; any interest in it is leased for a tet;m greater than three (3) years, leased with an option to (o.r if a b. eneficial interest in Borrower is sold or transferred and ll~rrower is not a natUral person) Without:Lender's pnor written consent, Lender may, at its option, require immcdi:tte payment in full of all:sums secured by this 17. Nondiscrimination. If Borrower intends to sell or rent thc Property or any l~art of it and has obtained Lender's consent to do so (a) neither BorroWer nor anyone authorized to act for BorroWer, will refuse to negotiate forthe sale or rental of the Property or will otherwise }hake unavad: tile or deny the Propei-ty to anyone because of race, color, religion, sex, national origin, handicap, age, or famihal status, and (b) Bor}ower recognizes as illegal: and hereby disclaims and will not comply with or attempt to enforce any restrictive covenants on dwelling relating to race, color, religion, sex, national origin, handicap, age or familial :~tatus. 18. Sale of Note; Change of Loan Servicer. The Note or ~ partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior m ticc to Borrower A sale may result in a chane the entity (known as the Loan Servicer ) that collects monthly payments due under the Note and this Security Instrument. There also may be one or 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 written notice ~1' the change in accordance with paragraph 13 above and applicable law. The notice will state the name and adthcss of the new Loan Servicer and the address to which payments should be made. 19. Uniform Federal Non-Judicial Foreclosure. If a uniform fi:deral non-judicial foreclosure law applicable :' to foreclosure of this .security instrument is enacted, Lender shall have the option to foreclose this instmlnent in accordance with such federal procedure. ' , 20. Hazardous Substan~:es. Borrower shall not cause or per:'~,;~ ~he presence, use, disposal, storage, or release o.f any haza.,rdo_us subs. lane, es on..or in tl3e' Property. The preceding scmcnce shall not apply to the presence, use, or storage on me l~roperty o~ small quantities of hazardous substance:, d~at are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Bom,',vcr shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any federal, s~a~.:, c,r local enviromnental law or regulation. Borrower shall promptly give Lender written notice of any invc:,ti~:,tion, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving '~h¢ Property and any hazardous substance or environmental law or regulation of which Borrower has actual kno~., k. dge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other rctncdiation of any hazardot~s substance affecting the Property is necessary, Borrower shall promptly take all necessary ,cmedial actions in accordance with apphcable envirorh'nefital law and regulations. : As used in this paragraph "hazardous substances" are those substances defined as toxic or hazardous substances by environmental law and the following substances: gasoline, k~,osene, other flammable Or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. AS used in this paragraph, "environmental la~" means federal laws and regulations and laws and regulations of the jurisdiction where the Property is located t ~at relate to health, Safety or environmental protection. : · 2L Cross Collateralization. Default hereunder shall consmmc default under any other real estate security instrument held by Lender and executed or assumed by Borrowc~, and default under any other such security instrument shall constitute default hereunder. ' NON-UNIFORM COVENANTS. Borrower and Lender furthc~ covenant and agree as follow: 22. SHOULD DEFAULT occur in the performance or disci~arge of any obligation in this or secured by this instrument, or should the parties named as Borro~,'cr die or be declared incompetent, or should any o_ne of the parties named as Borrower be discharged in bankrupt% or declared an insolvent, or make an assignment. for the benefit of creditors, Lender, at its option, with or without m~tice may: (a) declare the entire amount iinpaid · under the note and any indebtedness to Lender hereby secured irm,cdiately due and payable, (b) for the accoufit of · Borrower incur and pay reasonable expenses for repair or mainten:,~:cc of and take possession of, operate Or rent the property, (c) collect the rentals and other income and profits from d~c prot~erty and apply it against the secured ind, ebtedness, whether or not a receiver shall have been appointed, I,t:', sha!l n~t be require~l ~r be liable for failure to conect rent or other income, and shall be held accountable for onb .~ach amounts as are actually received, (d) upon application by it' and production of this mortgage, without other evidence and without notice of hearing 6f said application, have a receiver appointed for the property, with the usual powers of receivers in like cases, (e) foreclose this instrument as provided herein or by law, (f') require Borrower to surrender to Lender any and all abstract~ of title then owned by Borrower covering.all or anY part of the proD:~tv, and (g) enforce any and all other rights and remedies provided herein or by present or future law. ' . 23. ~"he proceeds of foreclosUre sale shall be applied in the f~,llm¥ing order to the payment of: (a) Costs and expenses incident to enforcing or complying with the provisions hc~c'~f, (b) any prior liens required by law or a competent court to be so paid, (C) the debt evidenced by the note ~ d ~ 11 indebtedness to Lender secured hereby, (d) inferior liens of record requ{red by law or a comt{etent court I be so naid tel at Lender indebtedness of Borrower owing to Lender, and (f) an~ balance to Ih ~rrower[ At' l~or'eclosure or~othee'~s'~'le"'~' any part of the property, Lender and its agents may bid and purchasc as a stranger and may 13ay Lender's share of ~e purchase Priqe by crediting such amount on any debts 6f Borrower owing to Lender,'~e order Prescribed anove.: : : ' · 24. BorrOwer agrees that Lender will not be bound by any prescm or furore laws, (a) providing for valultion or appraisal of the property, (b) proh~iting maintenance of an action for a deficiency : thereof or the time within which such action may be brought, (c) prescribing any other statute of limitatiom allowing any right of redemption or possession following any fi;ri'closure sale, (e) requiring possession of the property or appointment of a receiver before Lender is entitled to rents or (f) limiting the conditions which Lender may by regulation impose, including the interest rate it may chargc, as a condition of approving a transfer of the properi3, to a new Borrower. Borr~k, er expressly waives the be,cfit of any such Stat~ laws. Borrower hereby release~ and waives all rights under and by virtue of the homestead e.,:cmption laws of Wyoming. ' 25. At the option of Lender this mortgage may be foreclosed bx action or advertisement raider Power of Sale as provided by law and statute, and Borrower hereby irrevocably vest~ m Lender the statutory Power of Sale 26. Borrower hereby assigns to Lender all Borrower's right:; :ruder Wyoming Statutes 34-4-113 to surplus proceeds and/or surplus money remaining after sale of the property' under statutory Power of Sale or any foreclosure sale or similar sale exercised by any fOreclosing party or other part>, and hereby waives any claim against the officer or person making such sale for paying said surplus on demand of I. cmter. ; 27. Riders to this Security Instrument. If one or more riders arc executed by Borrower and recorded together with this SecuritY Instrument, the covenants and agreements of each rider shall be incorporated into and shall ahaend: and supplement the covenants and agreements of this Security h;strmnent as if the rider(s) Were apart of this SecuritY Instrument. [Check applicable box] . : · IZI Condominium Rider IZl Planned Unit Development Rider [] Other(s) [specifY] ' BY SIGNING BELOW, Borrower accepts and agrees to the feints and covenants contained in Pages 1 throug 6 of this Security Instrument and in any rider executed by Borrower and recorded with this Security Instrument B°rrower STATE OF WYOMING COUNTY OF LINCOLN ^CKN~ The foregoing insaument was acknowledged before me by Witness my hand and official seal. (NOTARIAL SEAL) My commission expireS: this DONALD S. STALE County of Lincoln i' My Commission E:, __day I-'UDIIC ,t£dO Of ,,,:.,ming 9 2005 c., ,;:~