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HomeMy WebLinkAbout910853RUG-04-20C~ THU 11.: 44 RN !,IELLS FRRGO HONE NORTGRG F~× NO, 8778038763 P, 05 ~ Rcmm To: WFRM FINAL DOCS X9999-01M 1000 BLUE OENTIANROAD EAOAN, MN 55121 '.. 00205 Prepared By: WELLS ~JtRGO B~.,TK', N.A. 1919 DOUGLAS,, OIW. AHA, 681010000 [Space Above Tiffs Line For Recording Data] MORTGAGE RECEIVED 8/11/2005 at 2:50 PM RECEIVING # 910853 BOOK: 594 PAGE: 205 JEANNE WAGNER, LINCOLN COUNTY CLERK, KEMMERER, WY DEFINITIONS Words used in multiple sections of this document are defined ~elow ~d other words are defined in Sections 3. ] 1, 13, 18.20 and 21.. Certain rules rcgaxding the us,~ge of words used in this document m'e ~lso provided in Section 16. j (A) "Security 'Instrument" means this document, which is OatcdA%;GUST 04, 2005 together with all Riders to this document, (B) "Borrower" is RENT RAY HATHAWAY AND LYNETTE C ~ATHAWA¥, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "Lender" is WELLS FARGO BANK, N.A. Lender is a NATIONAL ASSOCIATION orgmlizcd and existing under the laws of THE UN-gTED STATE~. 0057936379 WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUME~IT (~®-61WYJ ~ooo~ vMP Mon'r GAG E~~.521 ,'/251 Form 3051 1101 AUG-O4-2OOS THU 1],:44 AM WELLS FARGO HOME MORTGAG Lender's address is P.o. Box 10304, DI~5 MOl[lq~So IA 5( Lender is the mortgagee under this Security h~strument, i'D) "Note" means the promissory note signed by Borrower and dated The Note states that Borrower owes Lender ol~ B-IJlqDRI~D SZXTI~ (U.S. $ *~*'116,00'0,00 .. ) plus inte{est. Borrower has promi Payments and to pay the debt in 'full not later than .q~.I~Tg~:B~.R 01 {E} "Property" means the property that is described below under Property." {F) "Loan" means Re debt evidenced by the Note, plus interest, an' due under the Note, and all sums due under this Security Instrument, CG) '"Riders" means ali Riders to this Security Instrument that are Riders are to be executed by Borrower [check box as applicable]: [--'] Adjustable Rate Rider ~ Condominium Rider [~ Balloon Rider [] Planned Unit Development Rider ~ VA Rider [~] Biweekly Payment Rider (I-fl "Applicable Law" means all controlling applicable federal ordinances and adn'dnistrative rules ,'md orders (that have the effuc non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Asse~qsments" mem' charges that are imposed on Borrower or the Property by a t; association or similar organization. (J-) "Electronic Funds Transfer" me~s any transfer of funds, FA× NO, 8778038763 3060304 ~¢UST O4° 2005 ~ TaOUS,~q~) ~ 00/100 Doll.s cdtop~ ~isdebtin ~gular Periodic 2035 heading "Transit of Rigl~sin ~e prepayment charges and late chases alus interest. executed by Borrower. The following Second Home Rider 1-4 Family Rider Other(s) [specify] state and local statutes, regulations, of law) as well as ,'Ol. applicable final, all dues, fees, assessments m~d other )ndominium association, homeowners )d~er thru a transaction originated by check, draft, or similar paper instalment, which is initiated thrt gh an electronic terminal, telephonic instrument, compater, or magnetic tape so as to order, instruct, or [authorize a 'financial institution to debit or credit an account, Such term includes, but is not limited to, >oint-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers. (K) "Escrow Items" means those items that axe described in Sectiol (L) "M.i~cellaneons Proceeds" means any compensation, settlemel by any third party (other titan insurance proceeds paid under the damage to, or destruction of, the Property: (ii) condemnation Property: (iii) conveyance in lieu of conderrmation; or (iv) misrel: value and/or condition of the Property. {M) '"Mortgage Insurance" means insurance protecting Lender at the Loan. (N) "Periodic Payment" means [he regularly scheduled amoum dt Note, plus (ii) any ,'umounts under Section 3 of this Security lnstrm {O} "RESPA" means the Real Estate Settlement Procedures Act implementing regulation, Regulation X (24 C.F.R, Part 3500), dine, or any additional or successor legislation or regulation that ia tl~is Security Instrument, "RESPA" refers to all requirements to a "'federally related mortgage loan" even if the Loan does not loan" under RESPA. (~6(WY) Iooo~, P~,o. 2 c)~ ,, ansfers, and automated clearinghouse ~3. ct, awed of dm-nages, or proceeds paid ~verages described in Section 5) t'or: (i) other t,'ddng of 'all or any part of the resents.lions of, or omissions as to, the ainst thc nonpayment of, or default on, for (i) principal and interest under the nero. 12 U.S.C. Section 2601 et seq.) and its ~s they rrdgh~ be amended from time to ,ovems the same subject matter. As used ~d restrictions that are imposed in regard quality ~s a "federally related mortgage Form 3061 1101 P, 06 ,.. 00206 RUG-O4-2OOB THU 11 :44 AM WELLS FRRGO HOME MORTGRG NO, 8778038763 P, 07 :00207 {'P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS 1N THE PROPERTY This Security Instrument Secures to lamder: .(i) the repayment of the Loan, and all renewals, extensions and modifications of the No,e; and (ii) the performance of Borrower's covenants and agreements under this Security Instmmem and the Note. For this purpose, Borrower does I~ereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, tl~e following described property located in the cOtm'TY of LINCOLN : [Type of Recording Jurisdiction] [Name of Recording Jurisdic[ion] SEE ATTAC~ED LEGAI, D~-.SCRIPTION THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT TO: WELLS FAROO HOME MORTOAGE,, P.0. BOX 10304, DES MOINES, IA 503060304 Put'eel 1D Number: 32190tt20301000 which currently has the address of 526 MAIN STREET [Street] AIJ'BUlt~ [.Ci~] , Wyorrdng 8311o [Zip Cod~] ("Property Address"): TOGETHER WITH all the improvements now or herea'i'ter erected on the property, mid 'all easements, appurtenances, and fixtures now or hereafter a parr of the property. Ali replacements a~d additions shall also be covered by this Security Instrument. All et' the foregoing is referred to in this Security Instrument as the "Property.'' BORROWER COVENANTS that Borrower is law[ally se[seal of the estate hereby conveyed and has the right to mortgage, grant and convey file Propet~y and that the Property is unencumbered, except for encumbrances of record. Borrower warrants mid will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines tmi'[orm covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering reft property. UNIFORM COVENANTS. Borrower mid Lender coven~t and agree as t'ollows: 1. Payment of Principal, 'Interest, Escrow Items, Prepaymel~t Charges, and Late Charges. Borrower shall pay when due the principal of. and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall 'also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However. if any check or other instrument received by Lender as p~,e~t under the Note or this (~,6,WY) tooo~! Pa~3 o, 1~ ~¢57~ Form 3051 1/01 RUG-04-200'5 THU 11,:44 iqN 14ELLS F RGO HONE NORTGRG FR× NO, 8778038763 P, 08 00208 Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security 'Instrument be made in one .or more of the following tbrms, as selected by Lender: (a) cash', (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by L~mder when received at the location designated in the Note or at suctx other location as mqy be designated by lender in accordance with the notice provisions in Section 15. 'Lender may return any payment or partial payment i'f the payment or partial payments ate insufficient to bring the Loan current. Lender may accept any payment or p~ial paymem insufficient to bring the Lo,'m carrent, without waiver of any rights hereunder or prejudice to its rights to refuse such payment Or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied a,~ of its scheduled due date, then Lender need. not pay interest on unapplied 'l'hnds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, I~nder shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance andes the Note immediately prior to foreclosure, No offset or claim which Borrower might have now or in the lhturc against Lender shall relieve Borrower from m~ing paymems due under the Note and this Security Instxx~ment or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied ia the t'oilowing order of priority: (a) interest dae under the Note; (b) principal due under the Note; (c) amounts due under Sectior~ 3. Such payments shall be applied to each Periodic Payment in the order in which it became flue. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security h~strument, and then to reduce the principal balance of the Note. If Lender receives a payment 'from Borrower 'for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to ,'my late charges due. Voluntary prepaying'uts shall be applied first to any prepayment charges and th~.n as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or cl~ange the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on tl~e day Periodic Payments are due under tl~e Note, until the Note is paid in full, a sum (the "Funds") to provide tbs payment of amounts due for: (a) taxes and assessments and other.items which can attain priority over this Security Instrument as a lien or enetl,nbrance on the Property; (b) leasehold payments or ground rems on th~ Property, if m~y: (c) premiums for any and all insttr,'mce required by Lender andes Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Leander in lieu of the paymem of Mortgage Insur,mce premiums in accorda,~ce ,with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees m~d assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of ,-trnounts to be paid under this S~ction. Borrower shall pay Lender the Funds for Escrow items unless Lender waives Borrower's obligation to pay tl~e Funds for any or ',fl Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds tbs any or all Escrow Items m. any time. Any such waiver may only be in writing. In the event of such waiver. 'Borrower shall pay direcdy, when mid where payable, the mnounts Form 3051 1101 AUG-04-200 THU 11':44 AM WELLS FARGO HOME MORTGAG FAX NO, 8778038769 P, 09 .,00209 due for any Escrow Items 'Iht which payment of Funds has been waived by Lender and, if Lender requires, shall famish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to m~e such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as tlae phrase "covenant and agreement" is used in Section 9. It? Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower 'fails to pay th~ amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount find Borrower shill 'tl~en be obligated under Section 9 to repay to Lender any such ,-unount~ Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender alt Funds, and in such amounts, that ~e d~en required under this Section 3. Lender may, at any time, collect and bold Ftmds in an amount (a) sufficient to pen~t Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender dan require under RESPA. Lender shall estimate the amount of Funds due on ~e basis of current data and reasonable estimates or expenditures of future Escrow Items or otherwise in accordance with Applicable LaW'The Funds shall be held in an instJtmion whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits axe so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall nnt chaxge Borrower for holding and applying the Funds, annually analyzing file escrow account, or yeti'lying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be requi~efl to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, l.ender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage o~ Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to m~e up the shortage in accordance wi~ RESPA, but in no more than 12 monflfly payments. If d~ere is a deficiency of Funds held in escrow, as defined trader RESPA, Lender shill notil:y Borrower as required by RESPA, and Borrower shill pay m Lender tile amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in 'roll o¢ all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, ch~ges, fines, a~d impositions attributable to the property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, ff any, and Community Association Dues, Fees, and Assessments, if any. To the extent fl~at these items axe Escrow Items, Borrower shall pay them in the mariner provided in Section 3. Borrower sh'all promptly discharge any lien which has priority over this Security Insm~ment unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is per'lbrming such agreement; (b) contests the lien in good f~th by, or defends against enforcement ol" the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to tlfis Security Instrument. If Lender determines that any part o~' the Property is subject to a lien whicl~ c~ attain priority over this Security 'lnstrament, Lender may give Borrower a notice identifying the Form 3051 1101 ~UG-04-2005 THU 11:44 ~M WELLS F~RGO HOME HORTG~O F~× NO, 8778038763 P, 10 ' '00210 lien. Wifl~in l0 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set l'orth above in this Section 4. Lender may require Borrower to pay a one-time charge 'for a real estate tax verification and/or reporting service used by Lender in cormection with this Loan, 5. Property Insurance. Borrower shall keep the improvemc'nts now existing or l~ereafter creeled on the Property insured against loss by fire, h~ards included within the term "extended coverage," and any other hazards including; ,but not limited tO, 'earthquakes and floods, for which Lender requires insurance. This hmur.~,~ce shall be maintained in the ,amounts (h~cluding dednctible levels) m~d for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right ~h~l not be exercised unrea.qnnably. 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 detern-dnation and certification services and subsequent charges each time remappings or shrtilar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment ut: any fees imposed by the Federal Emergency Management Agency in cormection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower 'fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option a~d Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in,effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly .exceed the cost of insurance tlxat Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrumem. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with sach imere~t, upon notice from Lender to Borrower req'aesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an 'additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, l'or damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as m~ additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof o1' loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or r¢gair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until 'Lender has had an opportunity to inspect such Property to ensure thc work has been completed to Lender's satisfaction, provided that sach inspection sl~all be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a serius ut progress payments a~s the work is completed. Unless an agreement i~ made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall ant be required to pay Borrower ,my interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would he lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with (~-6[WYI Iooo~ ~'=~= ~ m ~ ~_/7~, Form 3061 1/01 UG-O4-2OO5 THU 1}:45 NELLS F RGO HOME HORTG G FR× NO, 8778038763 P, 11 the excess, if' any, paid to Borrower. Such insurance proceeds shall Section 2. If Borrower abandons tim Property, Lender may file, negot claim and related matters. If Borrower does not respond insurmce carrier has offered to settle a claim, then Lender may neb period will begin when .the notice is given. In either event, or i Section 22 or otherwise, Borrower hereby assigns to Lender proceeds in an amount'riot to exceed the amounts unpaid under th( (b) any other of Borrower's rights (other than the right to Borrower) under all insurance policies covering the Property, iasc coverage of the Property. Lender rnay use the insurance proceeds ei to pay amounts unpaid under the Note or this Security Instrument, 6. Occupancy. Borrower shall occupy, establish, and use residence within 60 days after the execution of this Security Insm Property a.s Borrower's principal residence for at least one year aft, otherwise agrees in writing, which consent shall not be unreasc circumstances exist which are beyond Borrower's control. '7, Preservation, 'Maintenance and Protection of the Pro! de~troy, damage or impair the Property, allow the Property Property. Whether or not Borrower is residing in the Property, order to prevent the Property from deteriorating or decreasing in ,.00211 applied in the order provided for in and settle any available insurance ~s to a notice from Lender that the tiate and settle the claim. The 30-day Le,~der acquires the Property under Borrower's rights to ,'my insurance Note or this Security Instrument, and fund of unearned premiums paid by tr as such rights are applicable to the ~er to repair or restore the Property or tether or not then due. he Property as Borrower's principal neat and shall continue to occupy the thc date of occupancy, unless Lender ably withheld, or unless extenuating rty; Inspections. Borrower shall not deteriorate or cormxfit waste on the rrower shall maintain the Property in a!ue due to its condition. Unless it is determh~ed pursuant to Section 5 that repair or restoration is riel .~conomicMly feasiNe, Borrower shall promptly repair the Property if damaged to avoid l~rther dell aeration or damage, l'f insurance or condermmtion proceeds are paid in cotmection with damage to, o~,, the taking o'f, the Property, Borrower shall be responsible for repairing or restoring the Property only i{l Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restorq}~n in a single payment or in a series pro~ress payments as the work is completed, ll' the insuranc~ or clt~dcrnnation proceeds are not suEficient to repair or restore tile Property, Borrower is not relieved of Bont~wer's obligation for the completion o'[ such r,.'..pah' or restoration. Lender or its agent may make reasonable entries upon and reasonable cause, lxmder may inspect the interior of the improven Borrower notice at the time of or prior to such an interior inspectio 8. Borrower's Loan Application. Borrower shall be in process, Borrower or any persons or entities acting at the dir{ knowledge or consent gave materially fa/se, misleading, or inaccu (or failed to provide Lender with material informatim0 in representations include, but are not limited to, represemafions Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Ri (a) Borrower fails to perform the covenants and agreements contai is a legal proceeding that might significantly affect Lender's int¢ this Security Instrument (such as a proceeding in bankruptcy, pro enforcement of a lien which ri'my attain priority over this Sec regulations), or (c) Borrower has abandoned tile Property, then reasonable or appropriate to protect Lender's interest in the Instrument, including protecting and/or assessing the va/ne o1' th the Property. Lender's actions cml include, but are not limited t¢ which has priority over this Security Instrument; (b) appearit inspections of the Property. If it has rots on the Property. Lender shall give specifying such reasonable cause. ~/'ault i'l:, during the Loan application fido of Borrower or with Borrower's ~te information or statements to Lender :onn¢ction with the Loan. Material ~cerning Borrower's occupancy of ts Under this Security Instrument. If :d in this Security Instrument, (b) there ~st in the Property trod/or rights under rte, for condermtation or forfeiture, for ity Instrument or to enl'orce laws or :oder may do and pay for whatever is ~perty and rights under this Security ~roperty, and securing and/or repairing (a) paying any sums secured by a lien in court; and (c) paying reasonable UG-04-2005 THU 1t:45 NELLS F ROO HOME HORT6 O attorneys' 'fees to protect its interest in the Property ~nd/or rights und its secured position in a bankruptcy proceeding. Securing the Prot: entering the Property to make repairs, change locks, replace or bo,-tr~ from pipes, eliminate building or other code violations or dangerou,, on or off. Although Lender may take action under this Section 9. Les under any duty or obligation to do so. It is agreed that Lender incur~ actions authorized under this Section 9. Any mounts disbu,rsed by Lender 'under this Section 9 shall secured by this Security Instrument. These amounts shall bear inter disbursement and shall be payable, with sucl~ interest, Upon notice payment. If this Security Instrument is on a leasehold, Borrower shall c lease, lt" Borrower acquires fee title to the Property, the leasehold al Lender agrees to the merger in writing. 10. Mortgage Insurance, If Lender ~equired Mortgage Insurm~ Borrower shall pay the premiums required to maintain the Mortgage the Mortgage Insurance coverage required by Lender ceases to be ay previously provided such insurance and Borrower was required to toward the premiums for Mortgage ~surance, Borrower shall r. coverage substantially equivalent to the Mortgage Insurance previ~ equivalent to the cost to Borrower of the 'Mortgage Insurance p~ mortgage insurer selected by Lender. 'If substantially equivalent available, Borrower shall continue to pay to Lender ,..fl,~e amount of t were due when the insurance coverage ceased to be in effect. '12 payments as a non-refundable loss reserve in lieu of Mortgage i non-refundable, notwithstanding the fact ti}at the Loan is ultimatel5 required to pay Borrower any interest or earnings on such loss rese reserve payments if Mortgage Insurance coverage (in the mnoum m provided by an insurer selected by Lender again becomes avails s~arately designated payments toward the premiums for Mortgage Insurance as a condition of m~dng thc Loan and Borrower was payments toward the premiums for Mortgage Insurance, Borrow maintain Mortgage Insurance in effect, or to provide a non-re requirement for 'Mortgage Insurance ends in accordance with any w Lender providing :for such termination or until termination is requi~ Section 10 affects Borrower's obligation to pay imerest at the rate p Mortgage Insurance reimburses Lender (or any entity that p~ may incur i1: Borrower does not repay the Loan as agreed. Bet NO, 8778038763 P, 12 00212 ~r this Security Instrument, including erty includes, but is not limited to, l up doors and windows, drain water conditions, and have utilities turned .der does not have to do so and is not no liability for not taking any or all ~ecome yddition~,debt of Borrower :st at th= Note rate 'from the date of from Lender to Borrower requesting omply with all the provisions of the ~d thc fee title shall not merge unless :e as a condition of re&ins the Loan, Insurance in effect. If, for any reason, ~ilab}e from the mortgage insurer that make separately designated payments ay the premiums required to obtain usly in effect, at a cost substantially ,.viously in effect, from an alternate Mortgage Insurance coverage is not te separately designated payments that der will accept, use and retain these nsurance. Such loss .reserve sh~l be paid in full, and Lender shall not be me. Lender can no longer require loss ~d for the period that Lender requires) ,lc, is obtained, md Lender requires nsurancc. If Lender required Mortgage equircd to malee separately designated r shall pay the premiums required to_ I~undable loss reserve, until Lender s itten agreement between Borrower and ed by Applicable Law. Nothing in this ~vided in rite Note. -chases the Note) 'for certain losses it wet is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insuraq.~e in force from time to }ime, and may enter into agreements with other parties that share or modi fy their ~isk,, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage iqsurt:r and the other party (or parties) to these, agreements. These agreements may require the mortgage insqrer to make payments using any source of 'funds that the mortgage insurer may have available (which mayl include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of tl any other entity, or any affiliate of any of the foregoing, may rec~ derive from (or might be characterized as) a portion of Borrower exchange 'for sharing or modff.,y, mg the mortgage insurer s risk, provides that an affiliate of Lender takes a share of the insure~ premiums paid to the insurer, the arrangement is olien termed "ca (a) Any such agreements will not affect the amounts Mortgage h~surance, or any other terms of the Loan. Such a~ Borrower will owe for Mortgage Insurance, and they will not el 'Note, another insurer, m~y reinsurer, ive-(directly or indirectly) amounts that payments for Mortgage Insurance, in or reducing losses. If such agreement risk i~ exchange Iht a share of the ~ve reinsurance." Further: mt Borrower ha.~ agreed tn pay for cements will not increase the amount ~title BOrrower to any rertmd.  / Fo~'m 3061 1/01 AU0-04-20[ 5 THU 1i':45 NI WEL'LS FARGO HOME MORTGAG FAX NO, 8778038763 P, ]3 (b) Any such agreements will not affect the rights Borrowe Mortgage Insurance under the Homeowners Protection Act of may include the right to receive certain disclosures, to reqm Mortgage Insurance, to have the Mortgage Insurance terminate~ refund or any Mortgage Insurance premiums that were unearnc8 termination. 11. Assignment ',of'Miscellaneous PrOceeds; Forfeiture. Ali assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall the Property, it' the restoration or repair is economically feasible During such repair and restoration period, Lender shall have the dgh until Lender has had an opportunity to inspect such Property to en Lender's satisl'action, provided that such inspection shall be undertal repairs and restoration in a single disbursement or in a series completed. Unless esi agreement is made in writing or Applicable Miscellaneous Proceeds, Lender shall not be required to pay Bott( Miscellaneous Proceeds. If the restoration or repair is not economics be lessened, the Miscellaneous Proceeds shall he applied to the sun whether or not then due, with the excess, if any, paid to Borrower. applied in the order provided for in Section 2. In the event of a tot~ taking, destruction, or loss in Proceeds shall be applied to the sums secured by this Security Inst the excess, it any, paid to Borrower. In the event of a partial taking, destruction, or loss in value o value of the Property irm~ediately before the partial taking, destr greater than the amoum o[ the sums secured by this Security Ins~ taking, destraetion, or loss in value, unless Borrower and Lender secured by this Security Instrument shall be reduced by the m multiplied by the following fraction: (a) the total amount of the partial taking, destruction, or loss in value divided by (b) the 'hir m before the partial taking, destruction, or loss in value. Any balance In the event of a partial taking, destruction, or loss in value c value of the Property immediately before the partial taking, desto anioant o1: the sums secured inunediately before the partial takinl .Borrower and Lender otherwise agree in writing, the Miscellaneou secured by this Security Instrument whether or not the sums are the~ If the .Property is abandoned by Borrower, or if, after nl Opposing Pony (as defined in thc next sentence) offers to make Borrower fails to respond to Lender within 30 days after the date to collect mid apply the Miscellaneous Proceeds either to restor; sums secured by this Security Instrument, whether or not then due. diat owes Borrower Miscellaneous Proceeds or the party against regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, w~ Lender's judgment, could result in forfeiture of the Property interest in the Property or rights under this SecUrity Instrument. acceleration has occurred, reinstate as provided in Section 1.9, dismissed with a ruling that, in Lender's judgment, precludes impairment o[ Lender's interest in the Property or rights under th any award or claim for damages that are attributable to the impairr m'e hereby assigned mid shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restora applied in the order provided for in Section 2. has - if any - with respect to the 98 or any other law. These rights st and obtain cancellation of the automatically, and/or to receive a at the time of such cancellation or Miscellaneous Proceeds ate hereby be applied to restoration or repair of ad Lender's security is not lessened. :to hold such Miscellaneous Proceeds ~urc the work has been completed to :eh promptly. Lender may pay t:or the f progress payments as the work is w requires interest to be paid on such wet any interest or e,'trnings on such ly feasible or Lender's security would s secured by this Security Instrument, ;uch Miscellaneous Proceeds shall be of die Property, the Miscellaneous meat, whether or not then due, with the Property in which the 'fair market etlon, or loss in value is equal to or :ument immediately before the partial otherwise agree in writing, the sums ~ount of the Miscellaneous Proceeds sums secured irmnediately before the rket value of the Property immediately h~l be paid to Borrower. ! the Property in which the Pair market :liOn, or loss in value is less than the , destruction, or loss in value, unless Proceeds shall be applied to the sums due. dee by Lender to Borrower that the award to settle a claim 'for damages, m notice is given, Lender is authorized ion or repair of the Property or to the "Opposing Party" means the third party ,horn Borrower has a right of action in ,ther civil or criminal, is begun dial, in other material impairmem ol5 Lender's orrower can cure such a default and, if causing the action or proceeding to be eimrc of the Property or other material is Security Instrument. The proceeds of' ~ent of Lender's interest in the Property .ion or repair of the Property shall be Form 3051 1101 AUG-04-20' 5 THU 11:4 AM WELLS FARGO HOME MORTGAG ll. Borrower Not Released; Forbearance By Lender Not payment or modification of mnortization of thc sums secured by this to Borrower or any Successor in Interest of Borrower shall not oper or any Successors in Interest of Borrower. Lender shall not be requi any Successor in Interest of Borrower or to refuse to extend tire amortization of the sums secured by this Security Instrument by reas~ Borrower or any Succesg°rs in Interest of Borrower. Any forbearanc~ remedy including, witlmut limitation, Lender's ~ceptance of payt' Successors in Interest of 'Borrower or ia amoullts less than the amoun preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and FAX NO, 8778038763 Waiver, Extension o'f the time for :curity Instrument granted by Lender [e to release the liability of Borrower red to commence proceedings against for payment or otherwise modify of any demand made by the original by Lender in exercising ~y right or lents from fliird persons, entities or then due, shall not be a waiver et; or ~ssigns Bound. Borrower covenants and agrees dlat Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs tins Security Instrument but does not execute thc Note (~ co-signer ), (a) ts co-stgm g this Security Instrument only to mortgage, grant and convey the co-sign~r's interest in the Property under the terms of this Security Instrument: (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender mid ;my other Borrower cm~agree to extend, modify, forbear or make any, accommodations with regard to the terms of this Secarit~ Instrument or tile Note without the co-signer s consent. - Subject to the provisions o'f Section 18, rely Successor in Borrower's obligations under this Security Instrument in writing, at all o't' 'Borrower's rights and benefits under this Security Instrument Borrower? obligations m~fl liability under this Security Instrument ~ writing, the covenants ,'md agreements of this Security lnstrume Section 20) and benefit the successors and assigns of Lender, 14, Loan Charges. Lender may charge Borrower ,fees for s Borrower's default, for tile purpose of protecting Lender s interest Security Instrument, including, but not limited to, attorneys' fees, I In regard to any other i!ees, the absence of express authority in this .' fee to Borrower shall not be construed as a pi:ohibifion on the chargi fees that are expressly prolxibited by this Security Instrument or by/~ If the Loan is subject to a law which sets maximum loan charg that the interest or oth'er loan charges collected or to be collected i permitted limits, then: (a) ~ly such loan charge shall be reduced charge to the permitted limit; ~d (b) any sums 'already collected fn limits will be refunded to Borrower. Lender may choose to make owed under the Note or by making a direct payment to Borroa reduction will be treated as a partial prepayment without ~y 1 prepayment charge is provided '[or under tlie Note). Boo'ewer s a direct payment to Borrower will constitute a waiver of any right of of such overcharge, 15, Notices. All notices given by Borrower or Lender in cc must be in writing. Any notice to Borrower in connection with this have been given to Borrower when mailed by first class mail or notice address if sent by other means. Notice to any one Borrower unless Applicable Law expressly requires otherwise. The notice Interest of Borrower who assumes d is approved by Lender, shall obtain , Borrower shall not be released from .nless Lender agrees to such release in nt shall bind (except a.s provided in ~,rvices performed in connection with in the Property and rights under this ~roperty inspection and valuation fees. ecurky Instrument to charge a specific ~g et' such fee. Lender may not charge ~plicable Law. ~, and that law is finally interpreted so ~ connection with the Loan exceed tile ~y the amount necessary to reduce the m Borrower which exceeded permitted this refund by reducing the principal ;r. If a refund reduces principal, the ~repayment charge (whether or not a :ceptanee of any such refund made by ~ction Borrower might have arising out mection with this Security Instrument Security Instrument shall be deemed to when actually delivered to Borrower's shall constitute notice to all Borrowers address shall be the Property Address unless Borrowerhas designated a substitute notice address by nell :e to Lender. Borrower shall promptly notil~y Lender of Borrower's change of address, If Lender specific; a procedure for rep,o, rting Borrower's change of address, then Borrower shall only report a change of aqdress through that specified procedure. There may be only one designated notice address under this Sec[trity Instrument at any one t, ime, Any notice to Lender shall be given by delivering it or by mailing it[by 'firs[ class mail to Lender s address stated herein 'uuless Lender has designated another address b$ notice to Borrower, Any notice in ~ve been given to Lender until actually connection with this Security Instrument shall not be deemed to l~ received by Lender. if any notice required by this Security lnsm Law, the Applicable Law requirement .will satisfy the corresp¢ Instrument, merit is also required under Applicable riding requirement under this Security ~~ ,~, Form3051 1/01 RUG-04-2005 THU 11 :46 N1 WELLS F qRGO HOME YIORTGRG NO, 8778038763 P, 15 16. Governing Law; Scverability; Ruics of Construction governed by federal law and the law of the jurisdiction in which obligations contained in this Security Instrmnent are subject to Applicable Law. Applicable Law might explicitly or implicitly allox might be silem, but such silence shill not be construed as a prohibJ the event that any provision or clause of this Security Instrument Law, such conflict shall' not affect other provisions 'of this Securit.~ given effect without theconflicting provision. As used in this Se"curity'lnstrument: (a) words of the mast corresponding neuter words or words et' the tL, minine gender; (b) include the plural and vice versa; and (c) the word "may" gives so take any action, 17. Borrower's Copy. Borrower shall be given one copy of 18. Transfer of the Property or a Beneficial Interest in B "Interest in tl~e Property" means any legal or beneficial interest in to, those beneficial interests transferred in a bond for deed, contrac~ escrow agreement, fl~e iment of which is the transfer of title by Born If all or any part of the Property or any Interest in the Propen: is not a natural person and a beneficial interest in Borrower is sold written consent, Lender may require inu'nediate payment in full Instrument. However, this option shill not be exercised by Leu Applicable Law. If L~der exercises this option, Lender shill give Borrower provide a period of not less than 30 days :[rom the date the notice within which Borrower must pay all ~ums secured by this Securi~ these sums prior to the expiration of this period, Lender may it Security Insu'ument without further notice or dem~md on Borrower. 19. Borrowerls Right to Reinstate After Acceleration. Borrower shall have the right to have eni'orcement of this Securit prior to the earliest of: (a) five days before sale or the Property put this Security Instrument; (b) such other period as Applicable Borrower's right to reinstate; or (c) entry of a .judgment enfm conditions are that Borrower: (a) pays Lender all sums which tt Instrument and the Note as if no acceleration had occurred; (b) curt,, agreements; (c)pays all expenses incurred in.enforcing this Securiq to, reasonable attnrneys' fees, property inspection ~d valuation purpose et' protecting Lender's interest in the Property and riglus takes such action as Lender may reasonably require to assure rights under this Security Instrument, and Borrower's obligation Instrument, shall continue unchanged. Lender may require that Bo expenses in one or more of the followh~g forms, as selected by certified check, bank check, treasurer's,check or cashier's check, aa institution whose deposits are insured by a 'federal agency, ins~ Funds Transfer. Upon reinstatement by Borrower, this Security In: shall remain fully effective as if no acceleration had occurred. apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grit. the Note (togetl~er with this Security Instrument) can be sold om Borrower. A sale might result in a change in the entity (knowt Periodic Payments due under the Note and this Security Instrun servicing obligations under the Note, this Security Instrument, an one or more ehm~ges of the Loan Servicer unrelated to a sale of Servicer, Borrower will be given written notice of the change whi, new Loan Servicer, the address to which payments should be This Security instrument shall be e Property is located. All rights and my requiremems and limitations o't' . the parties to agree by contract or it ion against agreement by contract. In ~r the Note conflicts with Applicable Instrument or the Note which c,'m be }line gender shall mean and include vords in the singular shill mean and discretion without any obligation to :Note mid of this Security Instrument. ~rrower. As used in this Section i8, le Property, including, but not limited for deed, inst',aliment sales contract or }wer at a future date to a purchaser. t is sold or transferred (or if Borrower or m'msl'erred) without Lender's prior of all sums secured by tiffs Security ]er if such exercise is prohibited by ,rice of acceleration, The notice shall given in accordance with Section 15 hasn'ument. I[ Borrower fails to pay .yoke any remedies permitted by this i Borrower meets certain conditions, t Instrument discontinued at any time :uant to any power of sale contained in , might specify for the tern'fination of cing this Security Instrument, Those en would be due under this Security s any default of any other covenants or Instrument, including, but not limited fees, and other fees incurred for the ruder this Security Instrument; and (d) Lender's interest in the Property ~d pay the sums secured by this Security rower pay such reinstmement sums mad .ender: (a) cash; (b) money order: (c) rovided any such cheek is drawn upon 'umentality or entity; or (d) Electronic :ument and obligations secured hereby )wever, this right to reh~state shill not vance. The Note or a partial interest in or more times wiflmut prior notice to [ as the "Loan Servicer") that collects ~ent and performs other mortgage loan Applicable Law. There also might be Note. It' there is a change of the Lo,m will state the name and address of the [~de and any other inlbrmation RESPA UG-04-200 5 THU 1i':46 AM NELLS FARGO HOME MORTGAG requires in connection with a notice of transfer of servich~g. [f the serviced by a Loan Servicer other than the purchaser of the Note, to Borrower will rem'tin with the Loan Servicer or be transferred to assumed by the Note purchaser unless otherwise provided by the Not, Neither Borrower nor Lender may commence, join, or be join individual litigant or ole member of a class) that arises from the Security Instrument or that alleges that the other party ha,q breached reason of, this Security Instrument, until such Borrower or Lender notice given in compliance with the requirements of Section 15) el other party hereto a reasonable period aFter the giving of such Applicable Law provides a time period which must elapse before period will be deemed to be reasonable for purposes of tiffs para opportunity to cure given to Borrower pursuant to Section 22 ar Borrower pursuant to Section 18 shall be deemed to satisfy file no' action provisions of this Section 20. 21, }Iazardous Substances. As used. in this Section 21: { substances defined as toxic or hazardous substances, pollutants, or following substances: gasoline, kerosene, other ran'enable or toxi and herbicides, volatile solvents, materials containing asbestos or fe (b) "Environmental Law" means federal laws and laws of the jurisdi relate to health, safety or envirom-nental protection; (c) "Environn action, remedial action, or removal action, as defined in Environrr Condition" means a condition that can cause, contribute to, m Cleanup. Borrower shall not cause or permit the presence, use, disposa. Substances, or threaten to release any Hazardous Substances, on or nor allow anyone else to do, anything affecting the Property (al th. Law, (b) which creates an Environmental Condition, or (c) which, Hazardous Substance, creates a condition that adversely affects th two sentences shall not apply ~o the presence, use, or storage ~ Hazardous Substances that are generally recognized to be approl: NO, 8778038763 002 otc is sold and thereafter the Loan is mortgage loan servicing obligations successor Loan Servicer ,and are not purchaser. :d to any judicial action (as either an ~ther party's actions pursum~t to this thy provision of, or any duty owed by tas notified the other party (with such such alleged breach and afforded the notice to take corrective action. If '~enain action can be taken, that time ;raph. The notice of acceleration and the notice oF acceleration given to ice and opportunity to take corrective ~) "Hazardous Substances" are those wastes by Environmental Law and the : petroleum products, toxic pesticides rmaldehyde, and radioactive materials; :don where the Pr6perty is located that rental Cleanup" includes any response ental Law; and (d) an "Enviro~unental otherwise trigger an Environmental , storage, or release of any Hazardous n the Property. Borrower shall not do, tt is in violation of any Environmental rue to the presence, use, or release of a value of the Property. The preceding n thc Property of small q.uantities of 'late to normal residential uses and to maintenance of fl~e Property (including, bat not limited to, hazardot s substances in consumer products). written notice of (al salt investigation, claim, demand, lawsuit shall promptly give Lender or other action by andy governmental or regulatory agency or private' party involving the Property and any Haz~dous Substance or Environmental Law of which Borrqwer has actual k. nowledge, (b) any Environmental Conditionl including but not limited to, any spilling~llleaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition cau.s~ by the presence, usc or release of a Hazardous Substance which adversely affects the value of the Pro] by any governmental or regulatory authority, or any private party of any HaZardous Substance affecting the Property is necessary, Bo remedial actions in accordance with Environmental Law. Nothin Lender for an Environmental Cleanup. ~r~y, l'f Borrower learns, or is notified that any removal or other rcmediation rower shall promptly take all necessary herein shall create any obligation on Form 3051 1101 P, 16 NO, 8778038763 P, 17 NON-UNIFORM COVENANTS. Borrower and Lender l~rther 22. Acceleration; Remedies, Lender shall give notice to Borr, Borrower's breach 'of any covenant or agreement in this Sect' acceleration under Section 18 unless Applicable Law provides otb, the default; (b} the action., reqtfired to cure the default; (c) a date, the notice is given to Borrower, by which' the del'auk must be cu' default on or bel'ore the ~late specified in the notice may result in this Security instrument and sale of the Property, The notice sh right to reinstate after acceleration and the right to bring a court a default or any other defense or Borrower to acceleration and sl before the date specified in the notice, Lender at its option may r all sums secured by this Security Instrument without further de sale and any other remedies permitted by Applicable Law. Lc expenses incurred in pursuing the remedies provided in this Secti reasonable attorneys' fees and costs of title evidence. If Lender invokes the power o1' sale, Lender shall give noti and to the person in possession of the Property, if different, Lender shall [live notice of the sale to Borrower in the manner 002! 7 :ovenant and agree as follows: ~wer prior to acceleration following rity Instrument (but not prior to :rwise). The notice Shall specify: la) not less than 30 days from the date · ed; and (d) that failure to cure the acceleration of the sums secured by all further inform Borrower or tbe action to assert the non-existence o1' ~le. Il' the default is not cured on or ;quire immediate payment in fifll of hand and may invoke the power of lder shall be entitled to collect all m 22, including, but not limited to, e of intent to foreclose to Borrower accordance with Applicable Law. 'ovided in Section itS. Lender shall publish tile notice of sale, and the Property shall be sold in tle manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any s de. The proceeds 61! the sale shall he applied in thc rollowing order: (a) to all expenses of the s reasonable attorneys' fees; (b) to all sums secured by this Secur; the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Securi' Security Instrument. Borrower shall pay any recordation costs. L releasing this Securky Instrument, but only if the fee is paid to a ti: chaxging of the fee is permitted under Applicable Law, 24. Waivers. Borrower releases and waives all rights ual exemption laws of Wyoming. (~6IWY) looos) r~r~o 1,3 or '~ fie, including, but not limited to, ty Instrument; and (c) any excess to y Instrument, Lender sh~l release this :nder may charge Borrower a fee for ltd pony for services rendered and tho ier and by virtuc of the homestead Form 3051 1101 AUG-O4-2OOE; THU ]I:46 AM NELLS FARGO HOME MORTGAG FAX NO, 8778038763 P, 18 BY SIGNING BELOW, Borrower accepts and agrees to the t! Security Instrument and in any .Rider executed by Borrower and recor~ Witnesses: :rms and covenants contained in fltis ted with it. K~NT RAY 1THAWAY ~ -8orrower / ~~ c ~w~ ' '/.~o~o~ (~6{WYI Iooo~l (Seal) -Borrower (Se~) (Seal) -Burrower (Seal) -Borrower (Seal) -Burrower (Seal) -Borrnwer Form 3051 1/01 RUG-04-2005 THU 11:46 RP1 NELLS FPiRGO HOHE I'10RTGRG F6X NO, 8778038763 P, 19 STATE OF WYO~G, The foregoing instrument was acknowledged before me this by KgNT RAY HATHAWAY AND LYN~TTE C HATKAWA¥ 00 _9 County ss: My Commission Expi.res: l/g(,~'/2g~ KAREN T. WYIJE. NOTARY PUBUO ~ County ot ~ 8:a*e cfi ~ · ~ .,~.~ . No.fy Public P~g~ 15 o1' 15 Form 3051 1101 Record and Return [] by Mail [] by Pickup to: Wells Fargo Home Mortgage Final Documents 1000 Blue Gentian Road MAC X9999-01M Eagan, MN 55121 MANUFACTURED HOME RIDER TO SECURITY INSTRUMENT This Rider is made this 8/6/2005 , and is incorporated into and amends and supplements the Mortgage, Open-End Mortgage, Deed of Trust, or Credit Line Deed of Trust, Security Deed ("SecuriW Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note to Wells Fargo Bm]k, N.A ("Lender") of the same date ("Note") and covering the Property described in the Security Instrument and located at: 526 Main Street Auburn, WY 83110 (Property Address) Borrower and Lender agree that the Security Instrument ~s amended and supplemented to read as follows: 1. Meaning of Some Words. As used in this Rider, the term "Loan Documents" means the Note, the Security Instrument and any Construction Loan Agreement, and the term "Property", as that term is defined in the Security Instrument, includes the "Manufactured Home" described in paragraph 3 of'this Rider. All terms defined in the Note or the Security Instrument shall have the same meaning in this Rider. 2. Purpose and Effect of Rider. IF THERE IS A CONFLICT BETWEEN THE PROVISIONS IN THIS RIDER. AND THOSE 1N THE SECURITY INSTRUMENT, THE PROVISIONS IN THIS RIDER SHALL CONTROL. THE CONFLICTING PROVISIONS IN THE SECURITY INSTRUMENT WILL BE ELIMINATED OR MODIFIED AS MUCH AS IS NECESSARY TO MAKE ALL OF THE CONFLICTING TERMS AGREE WITH THIS RIDER. 3. Lender's Security Interest. All of Borrower's obligations secured by the Security Instrument also shall be secured by the Manufactured Home: Used 1986 Fuqua Homes 702 9192 26 x 56 New/Used Year Manulhcturcr's Name Model Nmnc or Model Na Manufacturer's Serial No. Length / Width Page 1 of 3 Rev. 5130/05 Affixation. Borrower covenants and agrees: (a) to affix the Manufactured Home to a permanent foundation on the Property; .... 00221 to comply with all Applicable Law regarding the affixation of the Manufactured Home to the Property; (c) upon Lender's request, to surrender the certificate of title to the Manufactured Home, if surrender is permitted: by Applicable Law, and to obtain the requisite governmental approval and documentation necessary to classify the Manufactured Home as real property under Applicable Law; (d) that affixing the Manufactured Home to the Property does not violate any zoning laws or other local requirements applicable to the Property; (e) that the Manufactured Home will be, at all times and for all purposes, permanently affixed to and part of the Property. 5. Charges; Liens. Section 4, Paragraph I of the Security Instrument is amended to add a new third sentence to read: Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph and receipts evidencing the payments. 6. Property Insurance. Section 5, Paragraph I of the Security Instrument is amended to add a new second sentence to read: Whenever the Manufactured Home is transported on the highway, Borrower must have trip insurance. 7. Notices. The second sentence of Section 15 of the Security Instrument is amended by~ inserting the words "unless otherwise required by law" at the end. 8. Additional Events of Default. Borrower will be in default under the Security Instrument: (a) if any structure on the Property, including the Manufactured Home, shall be removed, demolished, or substantially altered; (b) if Borrower fails to comply with any requirement of Applicable Law (Lender, however, may comply and add the expense to the principal balance Borrower owes to Lender); or (c) if Borrower grants or permits any lien on the Property other than Lender's lien, or liens for taxes and assessments that are not yet due and payable. 9. Notice of Default. If required by Applicable Law, before using a remedy, Lender will send Borrower any notice required by law, and wait for any cure period that the law may require for that remedy. 10. Additional Rights of Lender in Event of Foreclosure and Sale. In addition to those rights granted in the Note and Security Instrument, Lender shall have the following rights in the event Lender commences proceedings for the foreclosure and sale of the Property. (a) At Lender's option, to the extent permitted by Applicable Law, Lender may elect to treat the Manufactured Home as personal property ("Personal Property Collateral"). Lender may repossess peacefully from the place where the Personal Property Collateral is located without Borrower's permission. Lender also may require Borrower to make the Personal Property Collateral available to Lender at a place Lender designates that is reasonably convenient to Lender and Borrower. At Lender's Option, to the extent permitted by Applicable Law, Lender may detach and remove Personal Property Collateral from the Property, or Lender may take possession of it and leave it on the Property. Borrower agrees to cooperate with Lender if Lender exercises these rights. (b) After Lender repossesses, Lender may sell the Personal Property Collateral and apply the sale Page 2 of 3 Rev. 5/30/05 proceeds to Lender's reasonable repossession, repair, storage, and sale expenses, and then toward any other amounts Bon'ower owes under the Loan Documents (c) In the event of any foreclosure sale, whether made by Trustee, or under judgment ora court, all of the real and Personal Property Collateral may, at the option of Lender, be sold as a whole or in parcels. It shall not be necessary to have present at the place of such sale the Personal Property Collateral or any part thereof. Lender, as well as Trustee on Lender's behalf, shall have all the rights, remedies and recourse with respect to the Personal Property Collateral afforded to a "SecuredParty" by Applicable Law in addition to, and not in limitation of, the other rights and recour~ afforded Lender and/or Trustee under the Security Instrument. By sig0ing below, Borrower accepts and agrees to the terms and covenants contained in this Rider. Borrower Kent Hathaway STATE OF Wyoming ) ) SS.2 COUNTY OF Lincoln ) On the q'~2 day of ~ ~'~ in the year ~9~--' before me, the undcrsig~.ed,_a Notary Public in and for said S~ate.,,personally appeared Kent l-~athaway and Lynette rtacnaway , peLsonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(a) is(are).subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) ac]ed, executed the instrument. Notary Signature Q3 Karen T. Wylie Notary Printed Name Notary Public; State of Wyoming Qualified in the County of Lincoln_ _ My commission expires: Iv/) / zuu~ Official Seal: Drafted By: Val Costello Loan Number: 0057936379 Page 3 of 3 Rev. 5/30/05 'RUG-04-::5005 THU '11:46 P, rl NELL$ FRRGO HO IE HORTGRO 05~936379 NO, 8778038763 P, 20 ' 00223 MANUFACTURED HOME RIDER 'r,o THE MORTGAGE/DEED OF TRUST/SECURITY DEED !, This Rider is made this A17G~TST O4, 2005 , and is incorporated into and amends and supplements the Mortgage/Deed of Trust/Security Deed {the "Security Instrument") of the same date. given by the undersigned (the "Borrower") to secure Borrower's Note to WELLS ~ARGO ~ANK, N.A. (the "Lender") of the same date (the "Note") and covering the Property described in the Security Instrument and located at: 526 MAIN STR~.T, AUBURN, WY 83110 {¢ropert¥ A~ldr e.~a) Borrower and Lender agree that the Security Instrument is amended and supplemented to read as follows: The Property covered by the Security Instrument (referred to as "Property" in the Security Instrument) includes, but is not limited to, the'Manufactured Home ISerial Number, if required, ) affixed to the property legally described in the Security Instrument. B, Additional Covenants of Borrower Borrower will comply with all state and local laws and regulations regarding the effixation of the Manufactured Home to the property described in the Security Instrument including, but not limited to, surrendering the Certificate of Title lif required) and obtaining the requisite governmental approval and accompanying documentation necessary to classify the Manufactured Home as reel property under state and local law. The Manufactured Home described above will be, at all times and for all purposes, permanently affixed to and part of the property described in the Security Instrument. Affixing the Manufactured Home to the property described in the Security Instrument does not violate any zoning laws or other local requirements applicable to manufactured homes. NMFL ~3322 03/01 Page 1 of 2 AUG-04-2'O05 THU 1'1:46 AR WELLS FARGO HONE FIORTGAG FAX NO, 8778038763 21 ,, 00224 By signing below~ Borrower accepts and agrees to the zerms and covenants contained in this Manufactured Home Rider, . ~ K~,NT ]~.AY }IATHAWAY ~ .Bo~ower .Bo~ower (Se~) (Seal) -Borrower -Borrower (Seal) ',. -- (Seal) -Borrower -Borrower I )SS, cou.~Y o~_~e-~ ~A-~ I, the undersigned Notary Public, in and for the aforesaid State and County, do hereby certify that KENT RAY HATHAWAY AND LYNETTE C HATHAWAY Borroweris), personally appeared before me in said County and acknowledged the within instrument to be their act and deed, Given under my hand and seal this ~TH day of AI~GUST , :2005 , My commission expires: (,0 (~'/~ ..-- NMFL #3322 03101 Pegs E~HIBIT "A"