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Home My WebLink About941115 Return To: Prepared By: RECEIVED 8/8/2008 at 3:11 PM RECEIVING # 941115 BOOK: 701 PAGE: 820 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000820 [Space Above This Line For Recording Data) FHA Case No. State of Wyoming MORTGAGE 591-1050607 703 THIS MORTGAGE ("Security Instrument") is given on AUGUST 08, 2008 The Mortgagor is ERIC J BLACK, A SINGLE PERSON I 11,,' 'G\\ v ~ \ II ("Borrower"). This Security Instrument is given to WELLS FARGO BANK, N. A . \ which is organized and existing under the laws of THE UNITED STATES , and whose address is P.O. BOX 11701, NEWARK, NJ 071014701 ("Lender"), Borrower owes Lender the principal sum of ONE HUNDRED THIRTY SIX THOUSAND SIX HUNDRED EIGHTY SEVEN AND 00/100 Dollars (U.S, $ *********136,687.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on SEPTEMBER 01, 2038 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance 0089741201 FHA Mortgage - WY VMP@ Wolters Kluwer Financial Services NMFL 0322 (WYFMI Rev 8/2008 Revised 4/98 r:rß VMP4RIWYI 108031,00 Initials: ¡;;. Page 1 of 9 000821 of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to the Lender with power of sale, the following described property located in LINCOLN , County, Wyoming: LOTS 21 AND 22 OF BLOCK 4 OF THE HILLCREST SUBDIVISION TO THE TOWN OF DIANONDVILLE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ 071014701 Parcel ID Number: which has the address of 40 RADIANT STREET DIAMONDV'ILLE [City], Wyoming 83116 [S1reet] [Zip Code] ("Property Address"); TOGETHER WITH all 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 seized 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 will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unifonn covenants for national use and non-unifonn covenants with limited variations by jurisdiction to constitute a unifonn security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower 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. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be detennined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." FHA Mortgage - WY VMP@ Wolters Kluwer Financial Services Revised 4/96 £-rß VMP4RIWYI IOB031.00 JI Page2of9 Initials: 000822 Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 D.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESP A, Lender shall account to Borrower for the excess funds as required by RESP A. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESP A. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the 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 payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third. to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. 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 Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized 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 may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments, Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. FHA Mortgaga - WY VMPC¡;¡ Wolters Kluwer Financial Services Ravised 4/96 £-r-I1...VMP4RIWYII06031.00 Initials: .J J../ Page 3 of 9 ú00823 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing, 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, fIrst to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fInes and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. . If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may signifIcantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest ftom the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority 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; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures ftom the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. FHA Mortgaga - WY VMP@ Wolters Kluwer Financial Services Ravisad 4/96 r-+a VMP4RIWYII08031.00 Initials: C..J l' Pogo 4 of 9 8. Fees. Lender may collect fees and charges authorized by the Secretary. (;,06824 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in.full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C, 1701j-3(d» and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement 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 such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. FHA Mortgage - WY VMP@ Wolters Kluwef Financial Services Revised 4/96 C'31!5MP4RIWY) (0803).00 Initials: /.- Page 5 of 9 000825 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy, 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing 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 address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower, Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument 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 Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shall promptly give Lender written notice of 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. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. FHA Mortgage - WY VMP ® Wolters Kluwer Financial Services Ravised 4/96 E· ;Y[2-VMP4RIWYI 108031.00 Initials: l-/ Page 6 of 9 000826 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property, Borrower authorizes Lender or Lender's agents to collect th~ rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender, This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender 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 paragraph 18, 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 paragraph 13. 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. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act")(12 V.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of curtesy and dower in the Property. 21. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. o Condominium Rider D Planned Unit Development Rider o Growing Equity Rider D Graduated Payment Rider D Other [ specify] FHA Mortgage· WY VMP@ Wolters Kluwer Financial Services Initials: Revised 4/96 £;Y,[~lMP4R(WYI (08031.00 Pege 7 of 9 000827 BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ~ fJ.- ~A- ERIC ,J BLACK (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower FHA Morlgage - WY VMPiIj) Wolters Kluwer Financial Services Inllial.: Revised 4196 £ "'rl~ VMP4RIWYI (08031.00 <.I Page 8 of 9 STATE OF WYOMING, L-I~~ This instrument was acknowledged before me on AUGUST 8TH, 2008 by ERIC J BLACK My Commission Expires: t;;;Lt.:r~:P~ \ £1 ¡' '3D \ D County ss: ~k.6d hLDÇ~ :r~7/2A.. NOw/ Public \\\\\\\\II""IIII/. ~\\.... \N~ ;tll. ~ {.?> ~ f./O ~ s;. _~ "~¡'> 0004··"""" \S'I ~ ~ ~G 'fA '. "f. ? ~."l' ';t.O Ii J.-'" (.\) ~ ~~ ~ ~ :: (¡QIJQYCf\IØIK :: -- ~~' ~ ::: '. -.-' " $ '%: ~ ÞUB\..\O ~ i§ ~ -f)-. ~ ~ ~ ~ OF ..t.I"<O -# ~'" .,.. ~~ ~11/1¡lIIm'\\\\\~ 000828 FHA Mortgage· WY VMP® Wolters Kluwer Financial Services Initials: £tß Revised 4/96 VMP4RIWYIIOB031.00 Page 9 of 9 0089741201 (;,00829 Record and Return [ ] by Mail [ ] by Pickup to: WFHM FINAL DOCS X9999-01M 1000 BLUE GENTIAN ROAD EAGAN, MN 55121 MANUFACTURED HOME RIDER TO SECURITY INSTRUMENT This Rider is made this AUGUST 08, 2008 , and is incorporated into and amends and supplements the Mortgage, Open-End Mortgage, Deed of Trust, or Credit Line Deed of Trust, Security Deed ("Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note to WELLS FARGO BANK, N .A. ("Lender") of the same date ("Note") and covering the Property described in the Security Instrument and located at: 40 RADIANT STREET, DIAMONDVILLE, WY 83116 (Property Address) Borrower and Lender agree that the Security Instrument is amended and supplemented to read as follows: 1. Meaning of Some Words. As used in this Rider, the term "Loan Documents" means the Note, the Security Instrument and any Construction Loan Agreement, and the term "Property", as that term is defined in the Security Instrument, includes the "Manufactured Home" described in paragraph 3 of this Rider. All terms defined in the Note or the Security Instrument shall have the same meaning in this Rider. 2. Purpose and Effect of Rider. IF THERE IS A CONFLICT BETWEEN THE PROVISIONS IN THIS RIDER AND THOSE IN THE SECURITY INSTRUMENT, THE PROVISIONS IN THIS RIDER SHALL CONTROL. THE CONFLICTING PROVISIONS IN THE SECURITY INSTRUMENT WILL BE ELIMINATED OR MODIFIED AS MUCH AS IS NECESSARY TO MAKE ALL OF THE CONFLICTING TERMS AGREE WITH THIS RIDER. 3, lender's Security Interest. All of Borrower's obligations secured by the Security Instrument also shall be secured by the Manufactured Home: &J'ß USED 19V'l~ee-e- ATLANTIC HOMES 4799 079 x026 New/Used Year Manufacturer's Name Model Name or Model No. Length x Width 47998540540537A Serial No. 47998540540537B Serial No. Serial No. Serial No. Page 1 of 4 Initial: E:fß NMFL # 7109 (MAHR) Rev 2/4/2008 4, {;Oû830 Affixation. Borrower covenants and agrees: (a) to affix the Manufactured Home to a permanent foundation on the Property; (b) to comply with all Applicable law regarding the affixation of the Manufactured Home to the Property; (c) upon lender's request, to surrender the certificate of title to the Manufactured Home, if surrender is permitted by Applicable law, and to obtain the requisite governmental approval and documentation necessary to classify the Manufactured Home as real property under Applicable Law; (d) that affixing the Manufactured Home to the Property does not violate any zoning laws or other local requirements applicable to the Property; (e) that the Manufactured Home will be, at all times and for all purposes, permanently"affixed to and part of the Property. 5. Charges; Liens. Section 4, Paragraph 1 of the Security Instrument is amended to add a new third sentence to read: Borrower shall promptly furnish to lender all notices of amounts to be paid under this paragraph and receipts evidencing the payments. 6. Property Insurance. Section 5, Paragraph 1 of the Security Instrument is amended to add a new second sentence to read: Whenever the Manufactured Home is transported on the highway, Borrower must have trip insurance. 7. Notices. The second sentence of Section 15 of the Security Instrument is amended by inserting the words "unless otherwise required by law" at the end. 8. Additional Events of Default. Borrower will be in default under the Security Instrument: (a) if any structure on the Property, including the Manufactured Home, shall be removed, demolished, or substantially altered; (b) if Borrower fails to comply with any requirement of Applicable law (lender, however, may comply and add the expense to the principal balance Borrower owes to Lender); or (c) if Borrower grants or permits any lien on the Property other than lender's lien, or liens for taxes and assessments that are not yet due and payable. 9. Notice of Default. If required by Applicable law, before using a remedy, lender will send Borrower any notice required by law, and wait for any cure period that the law may require for that remedy. 10. Additional Rights of lender in Event of Foreclosure and Sale. In addition to those rights granted in the Note and Security Instrument, Lender shall have the following rights in the event lender commences proceedings for the foreclosure and sale of the Property. (a) At lender's option, to the extent permitted by Applicable Law, Lender may elect to treat the Manufactured Home as personal property ("Personal Property Collateral"), lender may repossess peacefully from the place where the Personal Property Collateral is located without Borrower's permission. Lender also may require Borrower to make the Personal Property Collateral available to Lender at a place lender designates that is reasonably convenient to lender and Borrower, At Lender's option, to the extent permitted by Applicable Law, lender may detach and remove Personal Property Collateral from the Property, or Lender may take possession of it and leave it on the Property. Borrower agrees to cooperate with Lender if Lender exercises these rights. (b) After lender repossesses, lender may sell the Personal Property Collateral and apply the sale proceeds to Lender's reasonable repossession, repair, storage, and sale expenses, and then toward any other amounts Borrower owes under the loan Documents. Initial: £:Jß Paga 2 of 4 NMFL # 7109 IMAHR) Rev 2/4/2008 \,;luvð31 (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 Collateral or any part thereof. Lender, as well as Trustee on Lender's behalf, shall have all the rights, remedies and recourse with respect to the Personal Property Collateral afforded to a "Secured Party" by Applicable Law in addition to, and not in limitation of, the other rights and recourse afforded Lender and/or Trustee under the Security Instrument. By signing below, Borrower accepts and agrees to the terms and covenants contained in this Rider. WITNESS my hand and seal this ~f-- ßkl Borrowe ERIC J BLACK g~~ day of .b.i..1:.á:.-J..\..?\. dËC2~ I Borrower Borrower Borrower Borrower Borrower Borrower Borrower STATE OF ~DW , ~(ç. COUNTY OF LI ~c..o~ On the ø~ day of ~U&~~t~..;r in the year d~e.) before me, the undersigned, a Notary Public in and for said State, personally appeared E~ (!....,:f~ ~JL , personally known to me or proved to me on the basis of satisfactory evidence to be the individual{s) whose name(s) is('8fersubscribed to the within instrument and acknowledged to me that he/sAe/tR.9.y executed the same in his/her/their capacity(~, and that by his/her./.:theiJ:.signature(s} on the instrument, the individual{s}, or the person on behalf of which the individual{s} acted, executed the instrument. sS.: ~:j~f2LU4/1'i7/) .1 Not Signature N~~~:~~~~~~S N, flfiU>.l¡Public, State of tD ~(~ Qualified in the County of Lt (..::(l~ \\\\\\ n 1111.'1. ~ ~.... ~'t¡MJ:' ~ . ~.~\\J\~:!J~.J.;.mnt.J~n expires:~~_ \4,dbI0 $ ~'/~OTti\';} ~% :: { ~fficiar ~I rCS) ~ ª \ UJ,!Œ~ ª - {,Q '. ..~ - ~ ~ þ' "-.. '. . ;S ~ "'P' UEJL\C ,,~ ~~... §"~ ~ 0 W 6.V~~E01i'1i'pEY BABNES. ..:m [ ] Check if Construction Loan 'II/II/ I \\\\\~ ~ijmP~umber: 0089741201 Page 3 of 4 NMFL # 7109 (MAHR) Rev 2/4/2008 0089741201 (;0083.2 MANUFACTURED HOME AFFIDAVIT OF AFFIXATION Record and Return [ ] by Mail [ ] by Pickup to: WFHM FINAL DOCS X9999-01M 1000 BLUE GENTIAN ROAD EAGAN, MN 55121 This Instrument Prepared By: GEOFFREY BARNES, JR Preparer's Name 1919 DOUGLAS, Preparer's Address 1 OMAHA, NE 681010000 Preparer's Address 2 0089741201 Loan Number ATTENTION COUNTY CLERK: This instrument covers goods that are or are to become fixtures on the Land described herein and is to be filed for record in the records where conveyances of real estate are recorded. Page 1 of 5 Initial: E;:jf:> NMFL # 7111 (MAHA) Rev 2/4/2008 ERIC J BLACK 00û833 [type the name of each Homeowner signing this Affidavit]: being duly sworn, on his or her oath state as follows: 1. Homeowner owns the manufactured home ("Home") described as follows: !~Sí)USED¡q'¡,q~ ATLANTIC HOMES New/Used Year Manufacturer's Name 4799 079 X 026 Length x Width Model Name or Model No. 47998540540537A 47998540540537B Serial No. Serial No. Serial No. Serial No. 2. The Home was built in compliance with the federal Manufactured Home Construction and Safety Standards Act. 3. If the Homeowner is the first retail buyer of the Home, Homeowner is in receipt of (i) the manufacturer's warranty for the Home, (ii) the Consumer Manual for the Home, (iii) the Insulation Disclosure for the Home, and (iv) the formaldehyde health notice for the Home. 4. The Home is or will be located at the following "Property Address": 40 RADIANT STREET, DIAMONDVILLE, LINCOLN, WY 83116 Street or Route, City, County, State Zip Code 5. The legal description of the Property Address ("Land") is: LOTS 21 AND 22 OF BLOCK 4 OF THE HILLCREST SUBDIVISION TO THE TOWN OF DIANONDVILLE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.O. BOX 11 7 01, NEWARK, NJ 071014701 6. The Homeowner is the owner of the Land or, if not the owner of the Land, is in possession of the real property pursuant to a lease in recordable form, and the consent of the lessor is attached to this Affidavit. 7. The Home [~] is [_] shall be anchored to the Land by attachment to a permanent foundation, constructed in accordance with applicable state and local building codes and manufacturer's specifications in a manner sufficient to validate any applicable manufacturer's warranty, and permanently connected to appropriate residential utilities (e.g., water, gas, electricity, sewer) ("Permanently Affixed"). The Homeowner intends that the Home be an immoveable fixture and a permanent improvement to the Land. ATTENTION COUNTY CLERK: This instrument covers goods that are or are to become fixtures on the Land described herein and is to be filed for record in the records where conveyances of real estate are recorded. Page 2 of 5 Initial: E :tÔ NMFL # 7111 (MAHA) Rev 2/4/2008 8. The Home shall be assessed and taxed as an improvement to the Land. ûOû834 9. Homeowner agrees that as of today, or if the Home is not yet located at the Property Address, upon the delivery of the Home to the Property Address: (a) All permits required by governmental authorities have been obtained; (b) The foundation system for the Home was designed by an engineer to meet the soil conditions of the Land. All foundations are constructed in accordance with applicable state and local building codes, and manufacturer's specifications in a manner sufficient to validate any applicable manufacturer's warranty. (c) The wheels, axles, towbar or hitch were removed when the Home was, or will be, placed on the Property Address; and (d) The Home is (i) Permanently Affixed to a foundation, (ii) has the characteristics of site-built housing, and (iii) is part of the Land. 10. If the Homeowner is the owner of the Land, any conveyance or financing of the Home and the Land shall be a single transaction under applicable state law. 11. Other than those disclosed in this Affidavit, the Homeowner is not aware of (i) any other claim, lien or encumbrance affecting the Home, (ii) any facts or information known to the Homeowner that could reasonably affect the validity óf the title of the Home or the existence or non-existence of security interests in it, 12. A Homeowner shall initial only one of the following, as it applies to title to the Home: [Closing and Agent: please refer to the Manufactured Home and land Supplemental Closing Instructions for completion instructions]: [_] The Home is not covered by a certificate of title. The original manufacturer's certificate of origin, duly endorsed to the Homeowner, is attached to this Affidavit, or previously was recorded in the real property records of the jurisdiction where the Home is to be located. [_] The Home is not covered by a certificate of title. After diligent search and inquiry, the Homeowner is unable to produce the original manufacturer's certificate of origin, [_] The manufacturer's certificate of origin and/or certificate of title to the Home [ ] shall be rx1 has been eliminated as required by applicable law. [_] The Home shall be covered by a certificate of title, 13. This Affidavit is executed by Homeowner(s) pursuant to applicable state law. ATTENTION COUNTY CLERK: This instrument covers goods that are or are to become fixtures on the land described herein and is to be filed for record in the records where conveyances of real estate are recorded. Page 3 of 5 Initial: E:.-y~ NMFl # 7111 (MAHA) Rev 2/4/2008 JL ~ ß· f3~.L Homeowner #1 (SEAL) ERIC J BLACK IN WITNESS WHEREOF, Homeowner(s) has executed this Affidavit in my presence and in the presence of the undersigned witnesses on this ~-;r~ day of .h.~ ST' ,acc.2> . (; 1 ~~~~._........ Witne(s OOû835 Homeowner #2 (SEAL) Witness Homeowner #3 (SEAL) Witness Homeowner #4 (SEAL) Witness STATE OF ~~\ \ ~(Q COUNTY OF Lt L'(L-u...J On the é~ day of .L~llS?í in the year âC:Cß before me, the undersigned, a Notary Public in and for said State, personally appeared E.t2-\ é:.. ,----r t3u~ŒJC personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(.ar-et subscribed to the within instrument and acknowledged to me that he/s.J=tefttrey executed the same in his/ftef·l·tÞek capacity(ies), and that by his/hliirith9if signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. ss,: ~u/)~ Notar Signature ~ l.:k.~r-5;'-A$ Notary Printed Name Notary Public, State of u.:.:y~ 'J. V,Q Qualified in the County of U uU'i 1..."') 'Xl.\\\<NWtul1tWgn expires: œ\C:.:V~ \L1 ( doléJ #'~2~'i\\NE Il, í'~ ~ ~....o.. ~ I .¿\' ~~Cf;1'"{P \ :::(.Q -'" ~:::: ~ ;;A,\' Þl1f3t.\O :I § 0;::, "P 'I.. ò",;,. tJ ç/> ~'S ~ ~ ";s. ~.._.,... ...'fi.~ ~ ~ OF \f.J'Í<.... -§- ~/¡' ~\\~ A~'.(~.,l~\~'8UNTY CLERK: This instrument covers goods that are or are to become fixtures on the Land described herein and is to be filed for record in the records where conveyances of real estate are recorded. Page 4 of 5 NMFL # 7111 (MAHA) Rev 2/4/2008 0089741201 COOS3G Record and Return [ ] by Mail [ ] by Pickup to: WFHM FINAL DOCS X9999-01M 1000 BLUE GENTIAN ROAD EAGAN, MN 55121 REAL PROPERTY AND MANUFACTURED HOME LIMITED POWER OF ATTORNEY (To execute or release title, mortgage or deed of trust, security filing, transfer of equity and insurance documents and proceeds.) The undersigned borrower(s), whether one or more, each referred to below as "I" or "me," residing at: 1501 ANTELOPE ST. Street Address KEMMERER, WY 83101 City, State Zip, County ("Present Address"). I am the Buyer/Owner of the following manufactured home (the "Manufaètured Home"): ~)~ USEDI~~ ATLANTIC HOMES 4799 079 x 026 New/Used Year Manufacturer's Name Model Name or Model No. Length x Width 47998540540537A 47998540540537B Serial No. Serial No. Serial No. Serial No. permanently affixed to the real property located at40 RADIANT STREET Street Address DIAMONDVILLE, LINCOLN, WY 83116 City, County, State Zip ("Property Address") and as more Page 1 of 5 Initial: ,f'J t.3 NMFL # 7110 (MALA) Rev 2/4/2008 000837 particularly described on Exhibit A attached hereto (the "Real Property"). I do hereby irrevocably make, constitute, appoint and authorize with full powers of substitution, WELLS FARGO BANK, N.A. (':Lender"), its successors, assigns or designees as my agent and attorney-in-fact, in my name, place and stead in any way which I could do, if I were personally present, with full power of substitution and delegation, (1) to complete, execute and deliver, in my name or Lender's name, any and all forms, certificates, assignments, designations, releases or other documentation as may be necessary or proper to implement the terms and provisions of the Security Instrument dated AUGUST 08, 2008 executed by me in favor of Lender, (2) to complete, execute and deliver, in my name or in Lender's name, any and all forms, certificates, assignments, designations, releases or other documentation as may be necessary or proper to make application for and obtain the certificate of title for the Manufactured Home and to have Lender (or its designee) designated as lienholder on the certificate of title for the Manufactured Home, (3) to complete, execute and deliver in my name or Lender's name, any and all forms, certificates, assignments, designations, releases or other documentation as may be necessary or proper to have the Manufactured Home treated as real estate for any and all purposes under state law, including but not limited to the surrender of any certificate of title, any election to treat the Manufactured Home as real estate for tax purposes or to meet any other requirements in order for the loan/financing secured by the Manufactured Home and the Real Property to be eligible for sale on the Federal National Mortgage Association ("Fannie Mae"), the Federal Home Loan Mortgage Association ("Freddie Mac") or any other secondary market purchaser, (4) to receive, complete, execute or endorse, and deliver in my name or Lender's name any and all claim forms, agreements, assignments, releases, checks, drafts or other instruments and vehicles for the payment of money, relating to any insurance covering the Manufactured Home, the indebtedness secured by the Manufactured Home or the Real Property, and (5) to complete, sign and file, without my signature, such financing and continuation statements, amendments, and supplements thereto, mortgages, deeds of trust and other documents, including releases of these items, which I may from time to time deem necessary to perfect, preserve and protect Lender's security interest in the Manufactured Home, the Property and any other property sold with it. I acknowledge that at the time this Power of Attorney and my Security Instrument and any of the forms, certificates, assignments, designations, releases or other documentation are prepared the serial number of the manufactured housing unit may not be available or may be inaccurate. The manufactured housing unit may be a factory order in the process of being constructed. Immediately, upon Lender's receipt of the serial number, I understand and agree that the above items may be completed and/or corrected by Lender to properly disclose all the applicable home identifications, including the serial number. I understand that I will be provided with a copy of any corrected agreement. To induce any third party to act hereunder, I hereby agree that any third party receiving a duly executed copy or facsimile of this instrument may act hereunder, and I for myself and for my heirs, executors, legal representatives and assigns, hereby agree to indemnify and hold harmless any such third party from and against any and all claims that may arise against such third party by reason of such third party having relied on the provisions of this instrument. I have given this Limited Power of Attorney in connection with a loan/financing to be given by Lender and to induce Lender to make the financing available. It is coupled with an interest in the transaction and is irrevocable. This Limited Power of Attorney shall not be affected by my (our) subsequent incapacity, disability, or incompetence. I do further grant unto Lender full authority and power to do and perform any and all acts necessary or incident to the execution of the powers herein expressly granted, as fully as I might or could do if personally present. Page 2 of 5 Initial: ¡;Y!3 NMFL # 7110 (MALA) Rev 2/4/2008 WITNESS my hand and seal this ~¡ f3U Borrower ERIC J BLACK ~~'. ",,\.I. t:::..> dëOf~%~ Wítnes~ ~' Borrower Witness (:'0(;838 Borrower Witness Borrower Witness STATE OF ~\l~o COUNTY OF LI~~ \..J On the e-1~ day of ALt~~-LL'~T in the year ,Ói:C.€) before me, the undersigned, a Notary Public in and for said State, personally appeared E.·\Z.i e..-..:r. 1?là.CJc personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(erer subscribed to the within instrument and acknowledged to me that he/efl'E!f#tey executed the same in his/~eir capacity(-ie&t, and that by his/I=I.er.,4h.etp signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. ss.: N*;t~~:)£~ N~~~~~d~~~ Notary Public, State of l Q.;( ,t':~l ( O~'" Qualified in the County of U ~.L..i~ My Commission expires:~:'1C_:evt:1?_ I ~)( C:> ~~~~I~~IIIII~ ~r I,<W"OIll<v:..:-. ~ .f§ -\ ............. To ~ S ", .0- ..... <19 ~ ~. ~~i ~.o;\OT A~..... _ ~ .::: f J..\'W::::' § f COUiVT'!OFIJNCwi 1 ê ::.mi . J ::: ~..Jt '-',I:> .::: ~ 7,.>0,,,, Û 13 L\ 0.." ...(!) §$ % ..., "(lot.. o.f1 ,.... ~ ~ <$' . ..........> .\~~ §' ~/, Of: V¡f'( 0 # 'II'ljlllll II 11\\\\\\\\'\ Drafted By: GEOFFREY BARNES, JR Loan Number: 0089741201 [ ] Check if Construction Loan Page 3 of 5 NMFL # 7110 (MALA) Rev 2/4/2008 EXHIBIT A PROPERTY DESCRIPTION ÛOÛ839 The legal description of the Property Address ("Land") is typed below or please see attached legal description: LOTS 21 AND 22 OF BLOCK 4 OF THE HILLCREST SUBDIVISION TO THE TOWN OF DIANONDVILLE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF Page 4 of 5 Initial: E-;- t) NMFL # 7110 (MALA) Rev 2/4/2008