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HomeMy WebLinkAbout931587 3f' 000823 6010715516 Wells Fargo Home Mortgage Attn: Jennifer Kynde5en 1919 Douglas 3rd floor Omaha, NE 68102 RECEIVED 7/25/2007 at 11 :21 AM RECEIVING # 931587 BOOK: 666 PAGE: 823 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY [Spaçe A\w;Jvø ThIs LIne For R_rdiDg Duta] PHA No. State of Wyoming MORTGAGE 591-1007"82 703 CI 1 r I V' , í\ ( THIS MORTGAúf; ("Security Instrument") is given on JULY 23, 2007 The Mortgagor ¡Ii JAYSON BYERS, A HA:RR:rED PERSON ("Borrowe¡;")_ Tb.is Security mstroInem is given to WELLS J/'ARGO BANK, lit. A. , which is orgåJJ.it.ed and existing under the laws of THB tTNI'rED STATES , and whoseaddre5sis P.o. BOX 11701, NEWARK, NJ 071014701 CLender"). Borrower OWe5 Lender the principal S\.1IIl of ONE Kt1.NDRED TWENTY EIGHT TXOUSAmJ ONE lruNDRED EIGHTY NINE AND 00/100 Dollars (U.S. $*********1.28,1.89.00). This debt is evidenced by Borrower's nOte dated the same date as this Secuxity Xnsrromem ("Note"), which ¡)1'Ovides for monthly payments, with the full debt, if not paid earlier, due and payable On AUGUST 0:1, 2037 . 1'his Security Il\SU1lI11tJlt secures to Lender: (a) the repayment of tbe debt evidenced by the Note, with interest, and all renewals, exte.JJsiQ;Q,$ ¡u¡.d modifications of the Note; (b) the payment of all oth~ sums, with inœrest, advanced under paragraph 7 to protect the security of this Security Instrwnent; and (c) the perfOIIDance 0076449487 FHA Wyo~ Mok'tgage . 4/96 ~4R(WY) 196041.01 VMP MOIITGAßE FORMS - 1800/5.21-n91 Page 1 018 Inldols: ~ I ~ IIIUIIIIIIIIIII~ of Borrower's covenants and agreements Wl<.le. t:bi~ Security Instrume.nr 3.tld the Note. For this p11IpO¡¡e, BotX'ower does hérE:by mortgage, g¡ant and convey to the Lender with power of sale, the following described property located in LINCOLN County, Wyoming: SEE A'l"l'AC1mD LEGAL DESCRIPTJ:ON TJIIS IS A PlJRCllASJi! MONEY' SBctr.R1:TY INSTRUMENT. TAX STATEKSN'l'S SHOULD BE SENT TO; WELLS F,bRGO HOME MORTGAGE, P,O. :aOX'. H701, NEWlUU<, N'J 071014702 which hafì the adQ.r~~ of 530 E M.AJ:N STRJilJ!:T, COKEVJ:LLE (Strt:ðt. Ciry], Wyoming 83114 [Zip CodeJ ("Property Address"); TOGETHER WITH all tb.e improvements now or hereafter erected on the property, and all ease.oo.elJ.t$, appurtenances and furores now or heteafter a part of thé property. All replacements and additions shall also be ÇQv~ed by this Security Instrument. All of thE: foregoing is referred to in this Security Instrument as the "Property. ,. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and mat the Property is unencumbered, except for e¡;¡,cunibrances of record. Borrower warrants and will defend generally the title to the Property against all claims and denJ3D.ds, subject to any encumbrances of record. THIS SBCURITY INsmUMENT combines uniform covenants for national use and non-unifOlm covenants with limited variations by jurisdjction to constitute a wüforn;¡ $ecuriry instrmnent covering real property . Borrower and Lender covenant ¡IUd agree as follows: UNIFORM COVENANTS. 1. Payxnent of Principal, XX1.terest and Late Cbarge. Bon-ower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and OthEr Charges. BOnOw~ shall include in each monthly payment, together with the p;ó),'lcipal and interest as set fOrth in me Note and any late charges, a sum for (a) ta."tes and special assessments levied Or to be levied against the Propeny, (b) leasehold payments Or gtound rents on the Property, nnd (c) premiwns for insurance required under paragraph 4. In any year in wlúch the Lender must pay a mortgage inS1.l~e premium to the Sectl!:tary of Housing and Urban Development ("Secretary"), or in any year in which S\lcb. premium would have been required if LtIldcr still held the Security ]ns~t. each monthly payment shall also incl\lde either: (i) a swn fOr tht awlual mortgage insurance premium to be paid by Lender to the Secretaxy, or (ii) a monthly charge instead of a mortgage Ì.IlS1.1rance ¡;¡l'emium if iliis Security Instrument is held by the Secretary, in a reasonable amount to be determined by the SecretilI)'. Except for the monthly cllarge by the Secretary, these items are called "EsCI"OW Items" and the S\lXll$ paid to Lender are called "Escrow Funds. " ):.ep.de:r may, at any time, collect and hold amounts for Escrow Items in an aggregare amount not to exceed the maximum amount that may be requited for Borrower's ëscröw account under the Real Estate Settlem.ent Procedures ACT. of 1974, 12 U.S.C. Section 2601 tt scq. and implementing reg\llation$, 24 CFR Part 3500, as they xm.ý be a.tnended from time to time ("RESPA"), except that the cushion or reserve pexmitted by RBSPA for unanticipated disburse.nlents or disbursements before the Borrower's paymems are available in the account may not be based on amow1:.$ due for the mortgage insurance premiwn. G-4R(WYI !SðO'lI,01 \& Page 2 ., a Ini\ialS; ::::Jß 000825 Jf me lIIIlOunrs held by Lender for Escrow Items exceed the amounts permitted tQ be held by RBSPA, Lender shall account to Borrower for the excess fw:Lds .a$ required by RESPA. If the amountS of funds held by Lender aT any time are not sufficìent to pay the Escrow Items when due, Lender may notify the Borrower and requite Bonower to make up the 5hort~e WJ permitted by RESP A. The Escrow Funds are pledged as additional security for all sums secured by this Security Ins~t. If Borrower tenders to Lender the fun paym~t of all such sums, aorrower's account shall be credited with the balance remaining for all installment items (a), (b), and (C) and any mongage insurance premiwn instaJJmem that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any eXCe5S funds to Borrower. Immediately prior to a foreclosure sale of me Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installmentS fOr items (a.), (b), and (c). 3. Application of Payments. All paynrenrs under paragraphs 1 and 2 shall be applied by Lender as follow::;: Flnt, to the 1nQrtgage insurance premi1.ln\ to be paid by Lender to the Secretax}' or to me monthly charge by the Secretary instead of the monthly mongage insurance p;r~um; Second, to any taxes, special assessments, leaBehold payments or ground rents, mil fire. flood and oTher hazard i~urance premiums, as required; Third, to interest due Wlder the Note; ~, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fú:e, F.lood and Other Hazard lDsuranœ. BOlTOwer shall insure all i~provements on the Property, whether now in exístence or subsequently erected, agaimt any hazards. casualties, and contingencies, including fire, for which Lender requíres insurance. This insurance shall be maintained in the amounts and for the period$ that Lender requires. Borrower shall also insure all improvements On the :Property, whether now in exi5tence Or subsequently erected, against loss by floocl$ tQ the extent required by the Secret~. AU insurance shall be carried with companies approved by Under'. The insurance policieS and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give LenCler in1mediare notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned. is hereby amhorlzed and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds 1JJIlY be applied by Lender, at its option, either (a) to the reduction of the indebtedness under me Note and this Security Instrument, first to any delínquent amounts applied in me order in paragraph 3, and then to pX"~aJ;OJ.Calt of principal, or (b) 10 the re.5torarion or repair of the damaged Property. MY application of the proceeds to the principal shall DDt extend or postpOlle lhe due date of the monthly payments which are refer.red. to in paragraph 2, or change the .amount of &uch payments. Any excess insurance proceeds over an amount reqwred to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the enti1:y legally entitled thereto_ In the event of foreclosure of this Securtty Instrument or other rransfer of title to the Property that extingoishes the indebtedness, all right, tide and interest of Borrower in and to insurance policies in force shall pas::; to the purchaser. 5. OCcupancy, Preservation, Maintenance anð :Protection of the Property; Borrower'5 Loan A:ppIkation; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowet'S principal residence within sixty days aftt;f the execution of this Security Instrument (or wirhin sixty days of a later sale or transfer of the Ptoperry) and shall cOntinue to occupy the Property as Borrower's princi;pal residence for at least one year after the date of occupancy, lIDless Lender detennines mat requirement will cause undue hardship for Borrower. or unless extenuating circumstances exist which are beyond Borrower's con.n-ol. Borrower shall notify Lender of any extenuating circwnstance.s. Borrower shalI not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reuoD.8ble wear and tear excepted. Lender may ínspect the Property it the Property is vacant or: abandoned or the loan is in defaUlt. Lender may take reasonable action to protect and preserve SJ,lch vacant or _-4RIWY) 181104'.01 "~,:JOf(l Initial,: Qì3 CCCS26 abandoned Prope,(ty. Borrower shall also be in default if Borrower, during the loan application process, gäve matexiaUy false or inaccurate information or stattlmCDtS to Lender (or failed to provide Lencle. witll any material infonnation) in connection. with the loan evidenced by the Note, including, but not limited to, represenwions concerning l'onvwcr's oCCl.lp JJJ.cy of the Property 3$ a principal residence. If this Security InsU'Ument is on a leasehold, Borrower shall comply with the provisions of the lwe. If Borrower a.cq\lit~ fee title to the Property, the leasehold and fee title shall not be merged unleu Lender agrees to the merger in writing. 6. Condemnation. The p.oceeds of any award or claim for damages, direct or consequential, in connection with any condemnation (¡t oilier taking of any part of the ~operty, or for conveyag.c~ in place of condemnation, are b.ereby assigned and shall be paid to Lender to the extent of the full amount of the indebœdness that remains Wlpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security la3trumcnt, fir8t to aJJ.y delinquent amounts appHed in the order provided in parag¡aph 3, and then to p¡;epayment of principaL ArJ.y application of the proceeds to the principal shall not extend or postpone the due dale of the montb.ly payments, which are referred to in para,graph 2, or chllIlge the amount of $\lCb payments. Any excess proceeds over an anlount required to pay all outstanding ÍDdebtcdD~s M.òe( the Note and this Secû¡;ity Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Bo.....ower and Proteçtion ot Lender's Rights b;t. the Property. Borrower shall pay all governmental or municipal c.barges. fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owtd the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request J;lo:r;tower shall promptly fumi$h t¢ Uttder teeeiprs evidencing theðe payroeru:s. If Borrower fails to roa1ce Ihese payments or tb.e payments required by paragraph 2, Ot fails to perfOIm any other coveww.t$ and agreements contained in this Security Instrument. or there is a legal proceeding that may significantly affect Lender's rights in the PropeJ;ty (such as a proceeding in ba.nkxuptcy, for condemnation or to enfotte laws or regulations), then Len(ler may do and pay wharever is necessary to protect the value of the Propeny and Lender's righrs in the Propeny, including payment of ta."tes, håZMd insutaJ1c~ and other items mentioned in paragraph 2. MY amOWlts disbw-seçI !ly Lender under this paragraph shall become an addiùonal debt of BOrrower and be secured by thiS Security Instrument. These amounts shall bear Interest from the daœ of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge IW,Y lien which has priority over this Security Instrun)ent unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable tQ Lender; (b) contests in good faith the lien by, or defends against enforcement of tb.e lien in, legal proceedings which in the Lende:r;'s opinion operate to prevent the enforcement of the lien; or (c:) secures frOIn the holder of me lien an agreement satisfactory [Q Lender subordinating the lien to this Security Instrument. If Lender rietemùne$ that any pan of the Property is subject to a. lien which may attain priority over thi.s Security InsmunenL, Lender may give Borrower à notice identifying the lien. :Bonvwer shall satisfy the lieD or take ODe Or xno.e of the actions set forth above within 10 days of the giving of notice. 8. F~. Lender may collect fees ~d charges authorized by the Secretary. 9. Grounds for Acœleration of Debt. (a) Ikfault. Lender may, except as limited by regulatiQns iS$ued by tb.e Secretary, in tlle case of payment defaults, require ímmecliate payment in full of all sums secured by this Security Instrow.e.at if: (i) BOXTower defaults by failing to pay in fuU any monthly payment required by this Security Instrument prior to or on the due date of Ùle next monthly payment, or (ii) Borrower defaults by failing, for a period of thiny days, to perfonn any other obligations contained in this SecuritY Instrument. (b) Sale Without Credit App:ro'V~. Lender shall, if permitted by applicable law (including Section 34l(d) of the Gam-St. Germain Depository Institutions Act of 1982, 12 U.S.c. l701j-3(d) and with the prior approval of the Sec:retaty, require immediate payment in full of all sums secured by this Security 1nstnunent if; _4RIWYI (115041.01 P~4oll1 r~ititlli:~ I I I I I i I I I I r I I f 000827 (i) A1J or pan of the :Property, or a beneficial interest in a trust owning allot part of the Property. is sold or otherwise transferred. (Othet than by devise or de5ce.nt), and (ii) The Property is not occupied by the purchaser or granree as his or her principal residence, or the purchaser or grantee does so occupy the Prope:n:y but his Or hel." credit has not been approved in accordance with the requirem.e1.).t$ of the Secretary. (c) No Waiver. If cir~tances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive iIS rights with respect to subsequent events. (d) Regulations of HOX> Secretary. In many circumstances regulations issued by the Secretaxy wi111imit Lender's rights, in the case of payment defaults, to req\Iire immediate payment in full and forecl05e if not paid. 1hìs Security Inst1Ument does not authorize acceleration 0. fo¡;eclosure if not permitted by regulations of the SecretðJ;y. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and. the Nore are nor deteIIDined to be eligible fOr insurance und~ the National Housing Act within 60 days from the date hereof, Lender may at its option, require immeQ.i~le payment in full of all sums secured by this SeC\ni.ty msrrument. A written gærement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof. declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of suc.h ine1igibiIity. Notwithsranding the foregoing, this option roay not be exercised by Lender when the Wlavaililbility of insurance: is solely due to Lender's failure to remit a mortgage Ìlliìurance premi\lnl to the Secretary _ 10. ReiDStatem@.t. Borrower has a right to be reinstated. if Lender has required immediare payment in full becal.lSe of Borrower's failure to pay an amount due under the Note Or this Security lruitrument. This nght applies even after foreclosure proceedings ere instituted. To ;reinstate the Security Insnument, Borrower shall tendar in a lump sum all aw.cn,mt$ required to bring Borrower's accoUD.t current including, to tb,e extent they are obligations of Eorrower under this Security Instrwnent. foreclosure costs and reasonable and custoIIWy attorneys' fees and expeI15e5 properly associated with the foreclosure proceeding. Upon rewstate:ment by Borrower, this Security Instrument and the obligations that j[ secures shall remain in effect as if l.Qlder had not required inunediar.e payment in full. However, Lender is not required to pennit rcinstaten1CI1t if: (i) J..e.¡"der has accepted reinstatement after the commencement of foreclosure proceedings within twO years immediately preceding the commencement of a current foreclosure proceediD.g. (ii) reinstatement will preclude foreclo$\l;re on different grounds in the future, or (Hi) reinstate;rocnt will adven;ely affect the prtoxity of the lien created by this Se:cw:¡ty Instrument. 11. Bon-ower Not Released; Forbearance By Lender Not a Waiver. E;ttension of the time of payment or modification of amortization of thl': sums secured by this Security Instrument granted by Le.nder to any successor in interest of Borrower shall not gpe;rate to release the liability Of me original Borrower Or Borrower's successor In iIttere&t. Lender shall not be required to commence proceeding~ aga.in.$t any succeösor in interest Or refuse to extend ö¡;¡¡e for payment or otherwise modify amorti2:atîon of the sums secured by this Security Instrnrnent by reason of ~y demand made by the original Borrower or Borrowe¡;' $ ¡UCCe$sors in interest. Any fotbearance b~' Lender in exercising any right or remedy shall not be a waiver of or preclude the eAercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of thi.s Security Instrument sb.all bind and benefit tbe successors and assigns of Lende¡; and. Borrower, subject to the provísions of paragraph 9(b). Bonower's covenants and agreement$ s1uû1 be joÙ1t and several. A1J.y Borrower who cowsigns this Security Instrument but does not execute the Note: (a) is co-signiI).g this Security Instrument only to mortgage, grant and convey that BO:o.'Qwer's interest in the Property under the terms of this Security Instnlme:o.t; (b) is not personally obligated to pay the suro.s secured by this Security Instnune:;o.[; and (c) agree.'> that Lender and any other Borrower may agree to extend, modify, forbear Or make any accommodations with rega¡-d to the ter.ms of this Security In$trument or the Note without that Borrower's consent. G-4R(WYI (9804).01 í!) Pog. 5 0' II Initiala· 0ß 000828 13. Noû~. Any nonce to Borrower provided for in this Security Instrume.o.t shall be given by delivering it or by mailiD¡ it by fIrst class mail unless applicable law requires use of another method.. The notice shall be directed to the Property Address or any other aðdtess Borrower designates by notice to Lender. Any notice [0 Lender shall be given by first class mail to Lender's address stated herein or any address Under designates by notice to Borrower. Any notice provided for in this Security Instrument shall be (ieemed to have been given to Borrower or Lender when given as provided i.n this paragraph. 14. Governing ):..aw; SeverabiUty. This Security Insnument shall be govemed by Pedernllaw and the la.w of the juris-diction in which the Property is located. In the event that any p¡;ovision or clause of tb.is Security Instrument or the Note COnflicts with applicable law, such conflict: shall not affect other provisions of this Secwity Instrument or the Note whíc:h can be given effect without the conflicting provision. To this end the provisions of thi$ Seturity InStruInCl1t and the Note are declared to be severable, 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substanœtl. Borrower shall nOt CIi\lSC or permit the presence, use, disposal, storage; Ot release of any auardous Substances on or in the ~roperty. Borrower shall not do, nor allow anyone else to do, anything affecting the PJ'openy mat Is ÌJJ. violation of any Environmental Law. The preceding two sentence$ shall not apply [0 the presence, use, or storage Q J, the Property of SJ¡¡al1 quantities of Hazardous Substances that are genera1ly recognized to be approptiate to normal residendal uses and to maintenance of the Property. BOIIOwer shall promptly give Lender written notice of any invë$tigatiOIl, claim, demand, lawsuit or other action by any gove.mmental or reg\1l~tory agency or private party involving the P;rope:rty and any HazardO\l$ Substance or Environmental Law of which Boxrower has actual knowledge. If Borrower learns, or is notified by any,govex;wne,ntal o{ regulatory authotity, that any removal or other remðdiatiOIl of any Hazardous Sübstances affecting the Property is necessary, Borrowe¡; shall promptly take all necessary remedial actions in accordance with Environmental Law. A~ used in this paragraph 16, "Hazardous Substances" ate those substances d.efined as toxic or hazardous substances by Environmentål Law and the following substances: gasoline, kerosene, other flammable: or toxic petrOleum produ.cts, toxic pesticides and herbicides, volatile solvents, mar.erials containing asbestos or fonnaldehyde, and ¡;adioactive materia{$. .As used in this paragraph 16, "Envirowne;atal Law" meaDS f~~ Jaws and laws of the jurisdiction where the Property is located that relMe to health, safety or enviro:o.menr.a1 protection. NON-UNIFORM COVENANTS. Eorrower and Lender fw;thet covenant and agree a$ follows: 17. Assignmëi1t of Rents. Borrower unconditionally asSigns and Transfers to Lender all the rents and revenues of the Property. BOnowe:r authorizes Le:nder or Lender's agents to conect Ùle rents and revenues and hereby directs each tenB1lt of the Property to pay the ;rents to Lender or Lender's agents. However, prior to Lender's llotice to Borrower of BQrrower's breach of any covenant Or agreement in the Security fusttument, Borrower shall collect and receive all rents and revenues of the tJropeny as trustee for the benefit of Lender and BOrrower. This assignment of rentS constitutes an absolute assignment and not an 8Sliigmnent for acj~itÃonal security only. If Lender gives notice of breach to Borrower: (a) all rents received by Bor.rower shall bel;leld by Borrower tiS trustee for benefit of Lender only, to be applied to the S\WS secured by the Security wrrnment; (b) Lender shall be entitled to collect and. n:ce:ive all of the rentS of the Propeny; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's lIgent on Lend.er's wriuen demand to the tenant. Borrower has llot executed any prior assignment of the rents and has not and will nOt pe:tf01'm. any act that would prevtmt Lender from exercising its rights l,ID.(le;r this paragraph 17. U:nder shall not be reqnired to enter upon. take control of or maintain the PropertY before or after giving notice of breach to ):30tTower. However, Lender or a judic:ial1y appointed receiver may do so at any rime there is a breach. MY application of rentS shall not cw:e OJ: waive any default or invalidate any other right or réme.dy of tender. This assignment of rents of the Propeny shall terminate when th~ debt secured by the Security Insl11)1DC[lt is paid in full. _-4RIWY) 196041.0' ~c 6 Of e Initials: J"ß 000829 18. Foreclosure Procedure. If Lender req\lb-es immediate payment in full under paragraph 9, Lender may in1foke the power of sale and any othcx- remedies pçroñtted by applicable law. Lend« shall be entitled to collect all expegses inC!UlTed in pumúng the remedies provided in this paragraph 18, including, but not limited tQ, rea80Wlble attorneyst fEeS and costs or title evidente. If L$1der invokes the po"er: of sale, Lender shall gj,Te notice of intent to torecl05eto :Borrower and to the person in pO$StSSion of the XToperty, it different, in accordance with applicable law. Lender shan give notice of the- ~e to Borrower 'in the m;!U1ner provided in par-agraph 13. Lender sha11 publish the nOtice of salet and the Property shall be sold in the wanner pre¡¡¡cribed by applicable law. Lend~ or its designee may purchase the Property at any sale. The proceeds of the sa)e shall be applied in the followiD.g order: (a) to aU e.'tpeu.ses of the salet induc.ling, but not limited to, reasonable attorneys' feè$; (b) to all sums secured by this Security Instrument; and (c) any excess to the ¡m'$On or persons legally entitled. to it. Ir the Lender's inten>st in this Security Jnstrument is hcld by the Secretary and the Secretary require;, im.medlate payxnent in fu)) under Paragraph 9, the Secretary may i»voke the no»judicial power of sale pro\'jded in the Sing}" Family Mortgage Fo~eclosure Act of 1994 ('IAct") (U'V.S.C. 3751 et seq.) by requesting a forëclQSUre comm.i.$Sioner designated under the Act to coromeo.nce foreclosure and to sell the :t'tOPerty as provided in the Act. Nothing in the preceding sentence shall deprivè the Seaetar)' ot any lights otherwise ~vailable to a Lender undex' tbiS Paragrapb 18 or applicabJe law. 19. ReleMe. Upon payment of all SUIIl5 $¢C1lttd by this Security Instrument, Lender shall release this SecurÜy InsUlln1ent without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower waives all rights of homestead ex.emption in the Property and relinquishes all rights of curtesy and (].ower in Ùle Property. 21. Ridla's to this Secukity Instnunent. If one or more riders- an: executed by Borrower and recorded together with dùs. Security Insrrum.em, the covenants of each such rider shall be Ù),corporated into Md $hall amend and 5\!pplement the coveIl.anu and agree:tnents of this Security 1nsr.rument as if the tider(&) were a part of thi$ Security ~t. [Check applicable bo;>¡;(es»). U Condomini\.lID Rider B Growìng Equity Rider [!] Other Ispecify] D Planned Unit DeveJ.op:ment Rider Graduated Payment Rider TAX EXEMPT FINANCING RIDER Gt4R(WY) 181;041.0' >.g~ 7 of " 1ni1i1b;~ vvvouv 13Ò BY SIGNING BELOW, Borrower accept$ and agrees to the terms contained in this Security Instrument and in any ridet(s) executed by Boxrowex- and recorded with it. Witnesses: STATE OF WYOMING, LINCOLN @~ í\~ . ~eF,e ~p~~ .~ JA 0 BYERS (Seal) -BQXTQWcr (Seal) -Borrower (Seal) -Borrower CQ\lnt.y $$: the foregoin¡ instrument was acknowledged. before me this JULY 23RD, 2007 (date) by JA"X"SON BnRS My COIDmÌ68ìon Expires: tJ~ J<OII LORI KALAN - NOTARY PUBLIC COUNTY OF LINCOLN STATE OF WYOMING My Commission Expires Feb. 26, 2011 ~-4R(WYI (9604).01 (pc.rsQn acknowledging) r;t¿: * NQary Public rBge ð of e (Seal) -Borrowet (Seal) ·Borrower (Seal) -BoIJ'Owtn" (Seal) ·Borrower (Seal) ·Botl'ower J - - - 83:1 The Ea&ft3r1y J 0 ~f of Lot S ød the 'Wøt R:aJC ()f Lot 9 vfBlodC. J 1,)( Stol1~r..T<illncy First AdditiöJ1 tolthoTown orCQk~1Ue,Liu.1õOm CDØ1~ Wf9~ 1UId JUorc p:uiicu..1arb" d~ ¡is rollows: BeØxming' at the ~outhe~tcr2r èo~"t of ~ù E"ot t au4 k'1J~ 'tJIQJ,!:C! W~terly aIOÞg tl1e SoDtherly bOliudaJ'y liD! of mid Lot S t Øî8UDf:C of 1Q fu~; theneeNorlher1y!atJight~ a ~ Df:17U - ' fl).cg.~~ Eumriy .~ng the North~ bAlUlda.t'Y lbw of ~tûd tm... 8 and 9 . c1istaøœ of ro~4r~ .' then" Soutbcet'Jr ~t rigid angkes a Øi9t3.lIcd of 170 fael'} theJIee Wœtu),y ~ dUtaDce or73Æ4 feet'töilhe point of ~nil:ll1. :3<7 000832 TAX-EXEMPT FINANCING RIDER FHA CaJie No. 591-1007682 703 THIS TAX-EXEMPT FXNANCING RIPER is made thi.s23RD day of JTJt.,y 2007 , and is incorporated into and shall be deemed to amend and 5upple¡nent the Mortgage, Deed of Trost or Security Deed ("Security InstxUn1e11t") of the snne date given by the undersigned ("Borrower") to secure :BQrrower'¡¡ Note ("Note") to WELLS FAItGO :BANK, N .A. ("Le.nder") of the $¡\Øe date and covering the Propeny described in the Security InsIl"Ulllent and located at: 530 E ~N STREET, COREVILLE, NY 83114 [Property AddrcS&] ADDmONAL COVENANTS. In addition to the covenants and agreements made in the Security IrtStrument, Bouower and Lender further covenant au.d agree IO amend Paragraph 9 of the Security IAstrument, entitled "Grounds for ACCtleration of Debt," by a(kling additional grounds for acceleration as follow$: Lender, or such of its successors or assigns as mJlY by separate instrument assume responsibility for assuring compliance by the Borrower with the provi.$jQns of this Tax-Exempt Financing Rider, may require immediate pa~t jn full of all sums secured by rhis Security Instrument if: (a) All or pan of the Property is sold or otherwise tramferred by Borrower to a pwchaser or othe¡- t¡;ansferee: (i) Who cannot reasonably be expected to occupy rhe Property as a principal residence within a. reasonable cime after the sale Or ttañ8fer, all as provÍ~ jn Section 143(c) and (i)(2) ofÛ1e Internal Revenue Code; Ot (ii) Who has had a present ownership imerest in a principal residence during any part of the three-year period end.ing on the date of the sale or transfer, all as provided in Section 143(d) and (i)(2) of Û1e Internal Revenue Code (except that "100 percent" shall be 5ub5titutecl fot "95 pe.rcent or more" where the Isner appears in Section 143(d)(1»; or FHA MvJtistate Tax-Exempt FinaDång Ridtr - 10/95 0076449487 :;~~~~:::¡FORM5 .'~:O~~~ III!III~II~¡III 000833 (ill) At an acquisition cost which is greater than 90 percent of The average åt~a purchase price (greater than 110 percent for targeted area residenc~). all as provided in Section 143(e) and (i)(2) of the Internal Revenue Code; or (iv) Who has a gross family income in excess of the applicable median family income as provided in Section 14J(f) and (i)(2) of the Internal Revenue Code; Ot (b) Borrower fails to occupy the Property described in the Security Instrument without prior w:dtten consent of Lender or its !lUccessors Or assigns described at me begiDning of this Tax-Exempt Financing Rider, or (c) Borrower omits or misrepresents a fact thar is material wirh respect to the provisions of Section 143 of the Intetnal Revenue Code in an application for the loan secured by this Security J:n.$trument. References are to the Internal Revenue Code as a¡ncnded and in effecr on the date of issuance of bonds. me proceeds of which wiU be used to finance the purchase of the Security Ins~t and are deemed to include the implemœting regulations. BY SIGNING SELOW, Bo¡;¡ower accepts and agrees ro the teI:W.$ and covenants contained in this Tax-Exempt Finaneing Rider. §~ -:eo~\V ~ %S YER.S (Seal) ·BolTOwer (Seal) ·Borrower (Seal) ·BOß1)W~ (Seal)m-BOITow¡;;r (Seal) ·Borrower (Seal) -BOITowèT (Seal) ·Borrower _587U (9705) Puge 2 of 2.