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HomeMy WebLinkAbout932967 ,,4{) 51 "',.,, "¡ J ./1 1 (tif ,5 ,ù ¡ 6010715757 Return To WELLS FARGO BANK N.A. FINAL DOCUMENTS X9999-01M 1000 BLUE GENTIAN ROAD EAGAN, MN 55121-1663 Prepared By GAIL POLLARD WELLS FARGO BANK, N.A. 2701 WELLS FARGO WAY MINNEAPOLIS, MN 55467- RECEIVED 9/10/2007 at 12:13 PM RECEIVING # 932967 BOOK: 671 PAGE: 616 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER, WY 0006~6 [Space Above This Une For Recording Data] MORTGAGE 0172140691 DEFINITIONS Words used In multiple sections of this document are defined below and other words are defined In Sections 3, 11, 13, 18, 20 and 21 Certain rules regarding the usage of words used in this document are also provided in Section 16 (A) "Security Instrument" means this document, which is dated SEPTEMBER 4, 2007 together with all Riders to this document (B) "Borrower" is VINCENT J GUINTA SR, AN UNMARRIED PERSON; iJ Borrower Is the mortgagor under this Security Instrument (C) "Lender" IS WELLS FARGO BANKJ N.A. Lender is a National Association organized and existing under the laws of THE UNITED STATES OF AMERICA WYOMING - Single Family - ~~Mae/Freddle Mac UNIFORM INSTRUMENT Page 1 of 18 Initials." FORM 3051 1/01 SWY01 Rev 08113/01 Lender's address IS P. O. BOX 5137, DES MOINES, IA 50306-5137 00061. 7 Lender is the mortgagee under this Seourity Instrument (0) "Note" means the promIssory note signed by Borrower and dated SEPTEMBER 4, 2007 The Note states that Borrower oWes Lender FIFTY~THREE THOUSAND THREE HUNDRED FIFTY AND NO/100 Dollars (U.S. $ ....~~..J~.Q,QR...............) plus interest. Borrower has promìsed to pay this debt in regular Periodic Payments and to pay the debt III full not later than OCTOBER 1, 2022 (E) "Property" means the property that IS described below under the heading "Transfer ot Rights in the Property" (F) "Loan" means the debt evidenced by the Note, plus Interest, any prepayment oharges and late charges due under the Note, and all sums due under this Security Instrument, plus Interest (G) "Riders" means all Riders to thIs Security Instrument that are executed by Borrower The following Riders are to be executed by Borrower [check box as applicable] D Adjustable Rate Rider D Condominium Rider D Second Home Rider D Balloon Rider D Planned Unit Development Rider 01-4 Famfly Rider o VA Rider D BIweekly Payment Rider [XJ Other(s) [specify] Manufactured Home Rider (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as afl applloable final, non-appealable JudicIal opinions (I) "CommunIty Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper rostrument, which is initiated through an eleotronic terminal, telephonlo Instrument, computer, or magnetic tape so as to order, Instruct, or authorize a financìal institution to debit or credit an account Such term includes, but is not limited to, point-ot-sale transfers, automated teller machine transaotions, transfers Initiated by telephone, wire transfers, and automated clearinghouse transfers (K) "Escrow Items" means those items that are described in Section 3 (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the ooverages described In Section 5) for: (í) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyanoe In lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or oondition of the Property. (M) "Mortgage Insurance" means Insurance protecting Lender against the nonpayment of, or default on, the Loan (N) "Periodio Payment" means the regularly scheduled amount due for (í) prinCipal and Interest under the Note, plus (ii) any amounts under SectIon 3 ofthl5 Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C Section 2601 et seq.) and its Implementfng regulation, Regulation X (24 C.F.R Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulatIon that SWY02 Rev 12/18/00 Page 2 of 18 InlliaIS.~ FORM 3051 1/01 00061.8 governs the same subject matter. As used In thIs Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed In regard to a "federally reJated mortgage loan" eVen if the loan does not qualify as a "federally related mortgage loan" under RESPA (P) "Successor in rntere$t 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 IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's convenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and lender's SUccessors and assigns, with power of sale, the followrng described property focated In the County of LINCOLN [Type of Recording JUriSdiction] [Name of Recording JUriSdiction] LEGAL DESCRIPTION IS ATTACHED HERETO AS SCHEDULE "A" AND MADE A PART HEREOF. ParcellD Number 26 LITTLE CANYON ROAD DIAMONDVILLE ("Property Address") whrch currently has the address of [Street] [City], Wyoming 83116 [Zip Code] TOGETHER WITH aJJ the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property All replacements and additions shall also be covered by this Security Instrument. All of the foregOing is referred to in thIs Security Instrument as the "Property" BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and wilJ defend generally the title to the Property against all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non- uniform covenants with limited variatIons by Jurisdiction to constitute a uniform security rnstrument covering real property SWY03 Rev 11/06/00 Paye 3 of 16 Initial s.::Z..J. FORM 3051 1/01 00061.9 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows 1. Payment of PrincIpal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the princIpal of, artd interes1 on, the debt evidenc.ed by the Note and any prepayment charges and tate 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 payment under the Note or this 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 forms, 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 1$ 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 Lender when receiVed at the looatlon designated in the Note or at such other location as may be designated by Lender In accordance with the notice provIsions In Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current Lender may accept any payment or partial payment insufficient to bnng the Loan current, 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 as of its scheduled due date, then Lender need not pay Interest on unapplied funds Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable penod of time, lender shall either apply such funds or return them to Borrower If not applied earlier, such funds will be applied to the outstanding principal balance under the Note Immediately prior to foreclosure No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performmg 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 in the following order of pnority: (a) Interest due under the Note, (b) principal due under the Note, (0) amounts due under Section 3 Such payments shall be applied to each Periodic Payment in the order in which It became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, 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 outstand~ng, 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 any late charges due Voluntary prepayments shall be applied first to any prepayment charges and then as described In the Note, SWY04 Rev 11/06/00 Page 4 of 18 InltlaIS.~. FORM ~051 1/01 000620 Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments 3. Funds tor Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for' (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any, (c) premiums for any and all insurance required by lender under Section 5, and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums 10 accordance with the prOVISions of Section 10 These items are called "Escrow Items" At orìgination or at any time during the term of the Loan, lender may require that Community Association Dues, Fees, and Assessments, jf any, be escrowed by Borrpwer, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notioes of amounts to be paid under this Seotion Borrower shall pay Lender the Funds for Escrow Items unless lender waives Borrower's obligation to pay the Funds for any or all Esorow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be In writing In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by lender and, if Lender requires, shall furnish to Lender reoeipts evidencing such payment within such time penod as Lender may require Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained In this Seourity Instrument, as the phrase "covenant and agreement" is used In Section 9 If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Esorow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notloe given in accordanoe with Seotion 15 and, upon suoh revocation, Borrower shall pay to Lender aJ Funds, and in suoh amounts, that are then requIred under this Seotion 3 lender may, at any time, collect and hold Funds in an amount (a) suffiolent to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Esorow Items or otherwise In aooordance with Applrcable Law The Funds shall be held in an Institution whose deposits are Insured by a federal agency, instrumentality. or entity (including lender, if Lender is an institution whose deposits are 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 not charge Borrower for hordlng and applYing the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a oharge Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall no.t be S WY05 Rev 11/06/00 JnitiaIS~' Page 5 of 18 FORM ~051 1/01 00062:1 required to pay Borrower any Interest or earnings on the Funds Borrower and Lender can agree In writIng, however, that Jnterest shall be paid on the Funds lender shall give to Borrower, without charge, an annuaf accounting of the Funds as required by RESPA. Ifthere IS a surplus of Funds held [n escrow, as defined under RESPA, Lender shall Elccount to Borrower for the excess funds in accordance with RESPA If there is a shortage of Funds held In escrow, as defined under RESPA, lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but In no more than 12 monthly payments. 11 there Is a deficiency of Funds held in escrow, as defined under RESPA, Lender shaH notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficJency in accordance with RESPA, but in no more than 12 monthly payments Upon payment In full of all sums secured by this Security Jnstrument, lender shall promptly refund to Borrower any Funds held by lender 4. Charges; Liens. Borrower shaU pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any To the extent that these Items are Escrow Items, Borrower shall pay them in the manner provided in Section 3 Borrower shall promptly disch~rge any Uen which has priorrty over this Security Instrument 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 performing such agreement, (b) contests the lien In good faith by, or defends against enforcement of the lien in, lega! 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 Jlen to this Security Instrument If Lender determines that any part of the Property IS subject to a Iren which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien Within 10 days of the date on whIch that notIce is gIven, Borrower shall satisfy the lien or take one or more of the actions set forth 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 connection with this Loan 5. Property fnsurancé. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards Included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires Insurance. ThIs insurance shall be maintained in the amounts (including deductibJe levels) and for the periods that lender requires What Lender requires pursuant to the preceding sentences can change dUring the term of the loan The Insurance carner provIding the Insurance sha/J be chosen by Borrower subject to Lender's right to dis~pprove Borrower's choice, which rrght shall not be exercised unreasonably Lender may require Borrower to pay, jn connection with this Loan, either' (a) a one-time charge for flood zone determinatJol1, certification and tracking services, or (b) a one-time charge for flood zone determination and certificatIon services and subsequent charges each time remapplngs or similar chç¡nges occur which reasonably might affect such determinatìon $WYOG Rev 10/25/00 P~ge 6 of 18 Initials.rl. FORM 3051 1/01 000622 or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower If Borrower fails to maintain any of the coverages described above, Lender may obtain Insurance coverage, at Lender's optIon and 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 that Borrower could have obtained Any amounts disbursed by Lender under this SectIon 5 shall become additìonaf debt of Borrower secured by this Security Instrument These amounts sha [ bear Interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policres, shall Incrude 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, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name lender as mortgagee and/or as an additional loss payee In the event of Joss, Borrower shall give prompt notice to the Insurance carrier and Lender Lender may make proof of 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 repaIr of the Property, if the restoration or repair Is economically feasible and Lender's securíty 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 the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed Unless an agreement is made In writing or Applicable Law requrres interest to be paid on such Insurance proceeds, lender shall not be required to pay Borrower any 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 wouJd be lessened, the Insurance proceeds shall be appfied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, pajd to Borrower. Such insurance proceeds shall be applied In the order provided for In Section 2 If Borrower abandons the Property, Lender may fife, negotiate and settle any available insurance claIm and related matters If Borrower does not respond withIn 30 days to a notice from Lender that the insurance carner has offered to settle a craim, then lender may negotiate and settle the claim The 30-day period will begin when the notice is gIven. In S WY07 Rev 10/25/00 Page 7 of 16 Initials -¡( f, FORM 3051 1/01 000623 either event, or if lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all Insurance policies covenng the Property, insofar as such rights are applicable to the coverage of the Property Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's prIncIpal residence within 60 days after the execution of this Security Instrument and shall contïnue to occupy the Property as Borrower's principal residence for at least one year after the date of oocupancy, unless Lender otherwise agrees in writIng, whloh consent shall not be unreasonably withheld, or unless extenuating circumstances eXIst which are beyond Borrower's oontrol 7. Préservation, Maintenance and Protection of the Property; Inspections. Borrower shaH not destroy, damage or Impair the Property, allow the Property to detenorate or commit waste on the Property Whether or not Borrower is residing in the Property, Borrower shall maintain the Property In order to prevent the Property from deteriorating or decreasing In value due to its condition Unless it is determined pursuant to Section 5 that repair or restoratIon is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage If insurance or condemnation proceeds are paid in Conneotion with damage to, or the takIng of, the Property, Borrower shall be responsible for repairing or restorrng the Property only if Lender has released proceeds for such purposes Lender may disburse proceeds for the repairs and restoration In a single payment or in a serres of progress payments as the work is completed, If the Insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration Lender or its agent may make reasonable entries upon and inspectIOns of the Property If it has reasonable oause, Lender may inspect the Interior of the Improvements on the Property Lender shall give Borrower notice at the time of or prior to such an interior Inspection specifying such reasonable cause a. Borrower's Loan Application. Borrower shall be In default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially faJse, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with materia! rnformatron) in connection with the Loan Material representations include, but are not Hmited to, representations ooncerning Borrower's occupancy of the Property as Borrower's principal residence 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a.) Borrower fails to penorm the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's Interest In the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforoement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or SWYoa Rev 10/25/00 Page 8 of 18 InltlaIS.-$.h . FORM 3051 1/01 000624 (c) Borrower has abandoned the Property, then Lender may do and pay for whatever Is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Propérty, and seCl/rlng and/or repairing the Property Lender's actions can include, but are not limited to: (a) paYing any sums secured by a [[en which has priority over thIs Security Instrument, (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest In the Property and/or rights under this Security Instrument, ¡neludlng its secured position in a bankruptcy proceeding Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no IlabiJity for not taking any or all actions authorized under this Sectjon 9 Any amounts d¡sbursed by Lender under this Sectjon 9 shall become additional debt of Borrower secured by this Securíty Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such Intere$t, upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger In writing 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cast substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender If substantially equrva.lent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be In effect Lender will accept, use and retain these payments as a non-refundable loss reserve in I¡eu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid In full, and Lender shall not be required to pay Borrower any interest or earnIngs on such loss reserve Lender can no longer require 10$$ reserve payments if Mortgage Insurance coverage (10 the amount and for the period that Lender requires) províded by an insurer selected by Lender again beoomes available, IS obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance If Lender reqUIred Mortgage Insurance as a conditJon of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, 0,. to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination IS required by Applicable Law Nothing in this SectIon 10 affects Borrower's obligation to pay interest at the rate provided in the Note SWY09 Rev 11/13/00 Page 9 ot 18 In¡tiaIS~ . FORM 3051 1/01 000625 Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Jnsurance Mortgage Insurers evaluate their total risk on all such insurance In force from time to tIme, and may enter Into agreements with other parties that share or modify their risk, or reduce losses These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have avai!able (which may include funds obtained from Mortgage Inslm~nce premiums) As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reInsurer, any other entity, or any affiha·te of any of the foregoing, may receìve (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the Insurer's risk In exchange for a share of the premiums paid to the Insurer, the arrangement IS often termed "captive reinsurance" Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any othèr terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has. if any - with respect to the Mortgagé Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture All Miscellaneous Prooeeds are hereby assigned to and shall be paid to Lender Jf the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repaIr is economically feasible and lender's security is not lessened During such repair and restoration perIod, lender shall have the right to hold such MIscellaneous Proceeds Until Lender has had an opportunity to inspect such Property to ensure the work has been completed to lender's satIsfaction, provìded that such inspection shall be undertaken promptly Lender may pay for the repairs and restoration In a single disbursement or in a senes of progress payments as the work is completed Unless an agreement IS made in writing or ApplIcable Law requIres interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such MIscellaneous Proceeds. If the restoration or repair Is not economically feasible or Lender's security would be lessened, the MIscellaneous Proceeds shalJ be apprìed to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower Such Miscellaneous Proceeds shall be applied in the order provided for In Section 2. SWY10 Rev 10/25/00 Page 10 of 16 Initlal$.l:> . FORM 3051 1/01 000626 In the event of a total taking, destructIon, or loss In value of the Property, the Miscellaneous Proceeds shall be appJled to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower In the event of a partial takJng, destruction, or loss in value of the Property in Which the fair market value of the Property Immediately before the partial taking, destruction, or loss in value IS equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or los$ In value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destructIon, or loss in value Any balance shall be paid to Borrower In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss In value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums seoured by this Security Instrument whether or not the sums are then due If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the OPPosing Party (as defined In the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is gJVen, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Seourity Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Mlscelfaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds Borrower shall be In default if any actton or proceeding, whether civil or cnminal, is begun that, in Lender's Judgment, could result In forfeiture of the Property or other material impairment of Lender's interest In the Property or rights under this Security Jnstrument Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in lender's Judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or nghts under this Security Instrument The proceeds of any award or claim for damages that are attributable to the Impajrment of Lender's IIlterest in the Property are hereby assigned and shall be paid to Lender All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for In SectIon 2 12. Borrower Not Released; Forbearance By Lender Nota Waiver. Extension of the time for payment or modifioation of amortization of the sums secured by this Security Instrument granted by lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors In Interest of Borrower Lender shall not be required to commence proceedings against any Successor In Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by SWY11 Rev 11/06/00 Page 11 of 18 .--,/' I fnltial$:~ , FORM 3051 1/01 COOG27 this Security Instrument by reason of any demand made by the onglnal Borrower or any Successors In Interest of Borrower. Any forbearance by lender in exercIsing any right or remedy Including, without limitation, lender's acceptance of payments from third persons, entities or Successors In Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or pre,clude the exercise of any right or remedy 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and Ilabrlity shall be Joint and several However, any Borrower who co-signs this Securìty Instrument but does not eXecute the Note (a "co-signer"): (a) IS co-signing this Security Instrument only to mortgage, grant and convey the co-signer'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 and any other Borrower can agree to extend, modify, forbear or make any acoommodatlons with regard to the terms of this Security Instrument or the Note without the co-signer's consent, Subject to the provision of Section 18, any Sucoessor In Interest of Borrower who assumes Borrower's obligations under this Security Instrument In writing, and is approved by lender, shall obtain all of Borrower's rights and benefits under this Security Instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing, The covenants and agreements of this Security Instrument shall bind (except as provided In Section 20) and benefit the successors and assigns of Lender 14. Loan Charges. lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting lender's interest in the Property and rights under this Security Instrument, including, but not Irmited to, attorneys' fees, property Inspectton and valuation fees In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law If the loan JS subject to a law which sets maximum loan charges, and that law is finally Interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower, Lender may choose to make thIs refund by reducing the principal owed under the Note or by making a direct payment to Borrower If a refund reduces pnncipal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note), Borrower's acceptance ,of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge 15. Notices. All notices given by Borrower or Lender in connection with this Security ]nstrument 'must be in writing Any notice to Borrower In connection with this Security Instrument shalJ be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means_ Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly SWY12 Rev 11/06/00 Page 12 or 18 Inltlal$'~. FORM 3051 1/01 000628 requires otherwise The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender Borrower shall promptly notify Lender of Borrower's change of address If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shal be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower Any notice In connection wtth this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender If any notice required by this Security Instrument Is also required under Applicable Law, the Applicable Law requirement wiJl satisfy the corresponding requirement under this Security Instrument 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jUrisdiction In which the Property is located All rights and obligations contained In this Security Instrument are subject to any requirements and Jjmitations of Applicable Law. Applicable Law might explwjtly or Implicitly allow the parties to agree by contract or it might be silent, but such siJence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with AppJicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision As used In this Security Instrument: (a) words of the masculine gender shall mean and Include correspondIng neuter words or words of the feminine gender; (b) words in the singular shall mean and Include the plural and Vice versa, and (c) the word "may" gives sole drscretlon without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Sectìon 18, "Interest In the Property" means any legal or beneficial mterest in the Property, including, but not limited to, those beneficial Interests transferred in a bond for deed, contract for deed, instaJlment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest In Borrower is sold or transferred) without Lender's prror written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise IS prohibited by Applicable Law If Lender exercises this option, Lender shalf give Borrower notice of aoceleration The notice shall provide a period of not less than 30 days from the date the notice is given In accordance with Section 15 within which Borrower must pay all sums secured by this Security 1nstrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke any remedIes permitted by this Security Instrument without further notìce or demand on Borrower SWY13 Rev 11/06/00 Page 13 of 18 InitialS.7£.. FORM 3051 1/01 000629 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of' (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a Judgment enforcing this Security Instrument Those conditions are that Borrower' (a) pays lender all sums which then would be due under thts Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements, (c) pays all expenses Incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property Inspection and valuation fees, and other fees inourred for the purpose of protecting Lender's interest in the Property and rights under this Securìty tnstrument; and (d) takes such action as Lender may reasonably require to assure that Lender's Interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unohanged Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) cel1ífied 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 Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effeotive as if no acceleratIon had occurred However, this right to reinstate shall not apply in the case of acceleration under Section 18 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest In the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result In a change in the entJty (known as the "Loan ServlCer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing oblIgations under the Note, this Security Instrument, and Applicable law There also might be one or more changes of the Loan Servlcer unrelated to a sale of the Note, If there is a change of the Loan Servicer, Borrower will be gIven written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires In connection with a notice of transfer or servicing. If the Note Is SQld and thereafter the Loan is serviced by a Loan ServiceI' other than the purchaser of the Note, the mortgage loan servicing obltgations to Borrower will remain with the loan Servicer or be transferred to a successor Loan Servìcer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser Neither Borrower nor Lender may commence, join, or be joined to any Judicial action (as either an jndividual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any prOVISJon of, or any duty owed by reason of, this Security Instrument, until suoh Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such aJieged breaoh and afforded the other party hereto a reasonable period after the giving of such notice to take cwrective actIon. If Applicable Law provides a tIme period whioh must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph SWY14 Rev 12/27/00 Page 14 of 18 Initials: /¡: Ó. FORM 3051 1/01 000630 The notice of acoeleratlon and opportunity to cure given to Borrower pursuant to Section 22 and the noHce of acceleration gìven to Borrower pursuant to SectIon 18 shall be deemed to satisfy the notìce and op portun ity to take corrective action provls ions of th IS Section 20 21. Hazardous Substances. As used in this Seotion 21: (a) "Hazardous Substances" are those substances defined as tOXIC or hazardous substances, pollutants, or wastes by Environmental Law and the followlOg substances gasoline, kerosene, other flammable or tOXIC petroleum products, toxic pesticides and herbicides, volatiJe solvents, materials containing asbestos or formaldehyde, and radioactive materìals, (b) "Environmental Law" means federal laws and laws of the Jurisdiction where the Property is located that reJate to health, safety or environmental protection, (c) "Environmental Cleanup" incJudes any response action, remedial action, or removal action, as defined In Environmental Law; and (d) an "EnvIronmental Cond¡tion" means a condition that can cause, contribute to, or otherwise trigger an Environment Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on at in the Property Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is In violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances In consumer products) Borrower shall promptly gtve Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any EnvIronmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance whIch adversely affects the value of the Property If Borrower learns, or [S notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shalJ promptly take aJl necessary remedial actions In accordance with Environmental Law Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further cQvenant and agree as follows 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to accel.eration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). ·The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower] by which the default must be cured; and (d) that failure to cure the default on or before the date specified In the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sare. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment SWY15 Rav 10/25/00 Page 15 of 18 InitialS.'!! b. FORM 3051 1/01 00063~ In full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to BorroWer in the manner provided in Section 15. lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied In the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, lender shall release this Security Instrument Borrower shall pay any recordation costs. lender may charge Borrower a fee for refeasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applica.ble Law 24. Waivers. Borrower releases and waives all rights under and by Virtue of the homestead exemption laws of Wyoming SWY16 Rev 10/25/00 Page 16 of 18 InitialS~ FORM 3051 1/01 000632 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Security Instrument and in any Rider executed by Borrower and recorded with it Witnesses ~~, VINCENT J GUI A SR (Seal) Borrower SWY17 Rev 12/27/00 Page 1701 18 Initial s:::J{!. FORM 3051 1/01 000633 STATE OF WYOMING, LINCOLN County 55: The foregoing Instrument was acknowledged before me this SEPTEMBER 4, 2007 by VINCENT J GUINTA SR, AN UNMARRIED PERSON; My Commission Expires ð~~;f' ~ J Not Public --- LORI KALAN - NOTARY PUBLIC COUNTY OF LINCOLN STATE OF WYOMING My Commission Expires Feb. 26, 20 II ,....... SWY18 Rev 10/25/00 Page 18 of 18 Initia.IS~ FORM 3051 1/01 000634 SCHEDULE "A" Parcel 65 ofthe 1942 Replat ofthe Town of Diamondville, Lincoln County, Wyoming, as described on the official plat thereof. Record and Return to: WELLS FARGO BANK, N.A. FINAL DOCUMENTS X9999.01M 1000 BLUE GENTIAN ROAD EAGAN, MN 55121-1663 0100635 lVIANUFACTURED HOME RIDER 0172140691 TO THE SECURITY INSTR UlVIENT ThIS Rider IS made t]1JS 4th day of SEPTEMBER, 2007 and IS mcorporated mto and amends and supplements the Mortgage, Open-End Mortgage, Deed of Trust, or CredIt Lme Deed of Trust, Secunty Deed (IISecunty Instrument") of the sarne date given by the undersigned ("Borrower") to secure B011"ower's Note to WELLS FARGO BANK, N.A ("Lender") of the same date ("Note'l) and covenng the Property described 111. the Secunty ll.strurnent and located at; 26 LITTLE CANYON ROAD, DIAMONDVILLE, WY 83116 (propeily Àddress) Borrower and Lender agree that the Secunty In.strument IS amended and supplemented to read as follows 1. Meaning of Some Words. As used 111 thIS Rider, the term "Note" means the ProI111ssory Note that IS dated with the same date as the Security Instrument. As used 111 thIS Rider, the term "Loan Documents" means the Note, the Security Instnullent and the ConstructIon Loan Agreement. As used 111 tl118 Rider, the term "Lender" meat.s WELLS FARGO BANK, NA and any subsequent holder of the Note and the Security InstnuneI1.t, the term "Borrower" meat1.S anyone slgnmg the Note Or the SecLJrity Instrument as a Borrower, and the term "Property" as that term IS defined 1Iì the Secunty ll.strument, mcludes the "Manufactured Home" described in paragraph 3 of thIs Rider, to the extent it constItutes real propeI1y or a fixture. All terms defined 11"1 the Note or the Secunty Instrument shall have the same meatl1ng ill thIs Rider 2. Purpose and Etl'ect of' n.idel'. IF THERE IS A CONFLICT BETWEEN THE PROVISIONS IN THIS RIDER AND THOSE IN THE SECURITY INSTRUMENT OR THE NOTE, THE PROVISIONS IN THIS RIDER SHALL CONTROL THE CONFLICTING PROVISIONS IN THE SECURITY INSTRUMENT AND TE-IE NOTE WILL BE ELIMINATED OR MODIFIED AS MUCH AS IS NECESSARY TO MAKE ALL OF TE-IE CONFLICTING TERMS AGREE WITH TI-IIS RIDER (page 1 of 4) EC226A Rev 12/01/05 1/6 000636 0172140691 3. Lender's Security Interest. All of Bon-ower's obl1gatlOn8 secured by the SecurIty Instrument also shall be secured by the Manufactured Home USED 1986 New/Used Year GUERDON Manufacturer's Name N/A/5213 Model Name / Model ND GD80lD40865213A Serial NO.1 60 X 27 Length x Width GBDOI0408652138 Serial No.2 Serial No.3 Serial No.4 4. Atl'ixaholl. Borrower covenants and agrees (a) to permanently atTIx the Manufactured Home to the Property (b) to comply with all state and local laws, an.d regula.tlOns regardmg the affixahon of the. Manufactured Home to the Property; (c) upon Lender's request, to surrender the certificate of title to the Manufactured Home, and to obtal11. the reqt.Hsite governmental approval and documentatIOn necessary to classify the Manufactured Home as real property under ApplIcable Law; (d) that affixmg the Manufactured Home to the Property does not vlOlate any zonmg laws or other local requIrements applIcable to the Property, (e) that the Manufactured Home wlll be, at all tImes and for al1 purposes, permanently affixed to and part of the Property 5. Charges; Liens. SectIon 4, Pan\graph 1 of the Security It1strument is amended to add a new third sentence to read Borrower shall promptly furnish to Lender all notJCes of amounts to be paid 1..1ndl;)r thIs paragraph an.d receIpts evidencIng the payments 6. Property Insurance. Section 5, Paragraph 1 of the Seourity Instrument IS amended to add a new second sentence to røad Whenever the Manufactured I-Iome IS transported on the hIghway, Borrower mUst have tnp InSUrance 7. Notices. The second sentence of SectlOn 15 of the Seour.ìt}/ Instrument IS amended by I11sertll1g the words "unless otherwLse requIred by law" at the end 8, Additional Events of" DetauJt. Borrower will be 11"1 default under the Note and the Secl1nty Instru11."\ent 9, (a) if any structure on. the Property shall be removed, demolished, Or substan.tmlly altered; (b) if Borrower fails to comply with any reqt.l1remen.t of federal, state or local governmental authorihes (the Lender, however, may comply and add the expense to the pnncIpal balance Borrower OWes to Lender); or (0) if Borrower gré'l1îts or peml1ts any hen on the Property other than Lender's hen, or hens for taxes and assessrnents that are not yet due and payable Notice of Default, If requIred by Apphcable Law, before USIng a remedy, Lender will send Borrower any notiCe requu'od by law) and walt for any cure penod that the law may requIre for that remedy (Page 2 of 4) EC226C Rev. 10/04/05 /lIt. 000637 0172140691 10. AddítiOJl3l Rights of Len.der in Event of Foreclosure and Sale. In addi1~on to those nghts granted 111 In the Note and Secunty Instn1.tl1ent, Lel1der shall have the followmg nghts m the eve!"lt Lender comrnenoes proceedmgs for the foreclosure and sale of the Property (a) At Lender's optIOn, to the extent permitted by law, Lender may elect to treat the M~mufactllred Home as personal property ("Personal Property Collateral"). Lendðr may repossess peacefully from the place where the Personal Property Collateral IS located without Borrower's permlsslOn. Lender also may reqUire Borrower to make the Personal Property Collateral available to Lender at a place Lender desIgnates that IS reasonably convenient to Le1"lder and Borrower. At Lender's optlOn, to the extent pennltted by law, Lender may detach and remove Personal Property Collateral from the Propert.y, or Lender may take possesslOn of it and leave it on the Property. Borrower agrees to cooperate with Lender if Lender exerOIses these nghts (b) After Lender repossesses, Lender may sell Personal Property Collateral and apply the sale to Lender's reasonable reposseSSlOn, repan", storage, and sale expenses, and then toward any other amounts Borrower owes uncler the Loan Doouments (c) In the event of any foreclosure sale, whether made by Trustee, or under Judgment of a 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 or any part thereof. Lender, as well as Trustee on Lender's behalf, shall have all the nghts, remedIes and recourse with respect to the Personal Property afforded to a "Secured Party" by ApplIcable Law 111 additIOn. to, and not In hmltatlOl1 of, the other nghts and reoourse afforded Lender and/or Trustee under the Secunty Instrument By ::agmng below, Borrower accepts and agrees to the terms and covenants contamed 111 this Rider .~¡/-.~þ¡. INCENT J G~TA SR -Borrower (Page 3 of 4) EC226E Rev. 10/29/04 000638 0172140691 STATE OF {f¿J""~ COUNTY OF ¿:"~t!.1h... ) )SS ) I, the Un ~rsIgned Notary PU?I¡; 111 anjJ:r the aforesaid State and County, do hereby certify that £1,., ~ Z tfi..',H A . . , Borrower(s), personally appeared before me· m said County and acknow~ged the witbm lhstruI1)ent / to be their act and deed GIven under my hand and seal tIllS :*"~ day of .fy~~""If1tV' ~7 _~~_, ' Notary PublIc State of d.)~~hf~ County of ,.¿ ;'~£ð ¿, My oormmsSlOn expIres ...æ,x~6 k// . LORI KALAN - NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING ..., My CommissIOn Expires Feb. 26, 2011 (Page 4 014) EC226G Rev. 10/29/04