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Home My WebLink About873871 i724363 Return To: WELLS FARGO HOME MORTGAGE, INC. 3601 MINNESOTA DR. SUITE 200 BLOOMINGTON, MN 55435 WYCM-30S1-C-1 , RECEIVED LINCOLN COUNTY CLERK 01 JUN 13 PI"! 2: 52 JEANNE /\GNEF( KEMMERER WYOMING 873871 Prepared By: WELLS. FARGO HOME MORTGAGE, INC. 1919 DOUGLAS" OMAHA, NE 681010000 BOOK466_PRPAGE475_ [Space Above TIti : Line For Recording Data] ~~~~ '., ".F;( , "'j ¡-/;I /1/ . ¡ T\1is! M,oti ge.ge ... L~,j) .If ~lnAUS $£[ - '-) ¡ L / / PIll ; '-l 0_ MO tTGAGE DEFINITIONS Words used in multiple sections of this docu .ent 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 JUNE 12, 2001 together with all Riders to this document. (B) "Borrower" is BRUCE M DAVIS , A ,RIED PERSON AND DANIEL M ALLPHIN , A MARRIED PERSON Borrower is the mortgagor under this Security In trument. (C) "Lender" is WELLS FARGO HOME MORT AGE, INC. Lender is a CORPORATION organized and existing under the laws of THE WYOMING-Single Family-Fannie Mae/Freddie Mac UNI :ORM INSTRUMENT _ -6(WY) (0005) Page ~Of 15 Initials: ß ~ f £'\./f, VMP MORTGAGE FORMS - (800)521.-H'91, "" ._--_..-_..._,--_...._.._~. ....- '-"-'---'-.-" ..-->-..._.----^_._._-~_......_-"~.-- - Form 3051 1/01 11111111111111111111111111111111111 '-'-~"-"'~'--'-' - - J;9 ,¿) "'-"--0'.--'_--"-"-, ""_.__ ··___"~___·_'""O·__""~"~""'_"._"________._"__._""_" ~~"\ ./;f---; Form 3051 1/01 Initials: ffJW Q ~fi \ 'age 2 of 1S '·r" ;." ~6(WY) ¡ÒbOS) ":J.ì .', ~,¡":":'1~'~,;""", ,¡ (H) "Applicable Law" means all controlling ~pplicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (tl1at have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and 1.ssessments" 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 tjanSfer of funds, other than a transaction originated by check, draft, or similar paper instrument, whic 1 is initiated through an electronic terminal, telephonic i.nstrument, computer, or magnetic tape so as to rder, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but i not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are dl~scribed in Section 3. (L) "Miscellaneous Proceeds" means any comp nsation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceed paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnati m; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance pr~tecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly sch ~duled amount due for (i) principal and interest under the Note, plus (ii) any amounts uD¡der Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F R. Part 3500), as they might be amended from time to time, or any additional or successor legislation 0 regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to I requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if th~ Loan does not qualify as a "federally related mortgage loan" under RESPA. D Condominium ~ider D Second Home Rider D Planned Unit D velopment Rider D 1-4 Family Rider D Biweekly Paym nt Rider D Other(s) [specify] D Adjustable Rate Rider D Balloon Rider D VA Rider Lender is the mortgagee under this Security Inst Iment. (D) "Note" means the promissory note signed by 30rrower and dated JUNE 12, 2001 The Note states that Borrower owes Lender ONE RED FOUR THOUSAND TWO HUNDRED AND 00/100 Dollars (U.S. $ ****104,200.00 ) plus interest. orrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later th JULY 01, 2031 (E) "Property" means the property that is descr bed below under the heading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the NO~~' plus interest, any prepayment charges and late charges due under the Note, and all sums due under this S;:curity Instrument, plus interest. (G) "Riders" means all Riders to this Security Ilstrument that are executed by Borrower. The following Riders are to be executed by Borrower [check bo as applicable]: 503065137 Lender's address is P.O. BOX 5137, DES Mq)INES, IA 47 r; o 8t7 3~:-r; 1 - - - - - - 0873871. 477 (P) "Successor in Interest of Borrower" means my 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) th . repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perform rlce of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpo ìe, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, wit power of sale, the following described property located in the COUNTY of LINCOLN [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LOT 25, STAR VIEW ESTATE SUBDIVISION, PLAT NO 568074, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICI~L PLAT THEREOF. TAX STATEMENTS SHOULD BE SENT TO: m:LLS FARGO HOME MORTGAGE, INC., P.O. BOX 5137, DES MOINES, IA 503065137 Parcel ID Number: 01043.00 117 HILLVIEW DRIVE AFTON ("Property Address"): which currently has the address of [Street] [City] , Wyoming 83110 [Zip Code] TOGETHER WITH all the improvement ¡ 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 Borrowe is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Pro erty 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 encumbrance of record. THIS SECURITY INSTRUMENT combin~s uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and ender covenant and agree as follows: 1. Payment of Principal, Interest, Escnw Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, nd interest on, the debt evidenced by the Note and any prepayment charges and late charges due under t Ie Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments du~ under the '¡-ote and this Security Instrument shall be made in U.S. currency. However, if any check or other instru ent received by Lender as payment under the Note or this Initials: (¿H ~. 9- . VA· cD ·6(WY) (0005) (!) 'age :1 of , 5 Form 3051 1/01 --~"---'.._-~._.....--_.__._.._."._------.._--~....._..,...-- .. ..... -..-...---...- -...---. --.- .-------- -..-.-.....-,------ ~.------.-.-....'.-".U' .....,..-. ...... .. m ._..._m__ __~__ - ." _.____..____........__...______ '_.._________...._.__'' .__.. .____"___.__.____._.,_.w'___.__.___.__._.._.___._._~__. _ Form 3051 1/01 Initials: g, 1'\.1. \ Q. t) .A, 'age 4 of 15 ~-6(WY) 10005) Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrume t 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 is dra m upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) E ectronic Funds Transfer. Payments are deemed received by Lender w len received at the location designated in the Note or at such other location as may be designated by Lend :r in accordance with the notice provisions in Section 15. Lender may return any payment or partial paym ot if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any p iyment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder 0 prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligat d to apply such payments at the time such payments are accepted. If each Periodic Payment is applied a; of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold suc unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so wit lin a reasonable period 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 p ior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender :hall relieve Borrower from making payments due under the Note and this Security Instrument or performi Ig 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 e applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) 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 yother amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borro er for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, th payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payme t is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic )ayments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists fter the payment is applied to the full payment of one or more Periodic Payments, such excess may be app ¡ed to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and th n as described in the Note. Any application of payments, insurance pro~eeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due dat ,or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower sh 11 pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a s 1m (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items w lich can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leaseh ld payments or ground rents on the Property, if any; (c) premiums for any and all insurance required b f Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by B rrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the pr visions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if ,y, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower s all promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay ender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for y or all Escrow 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, Borrowe shall pay directly, when and where payable, the amounts - 478 0873871. .. - O~73~fÎi1. ,179 due for any Escrow Items for which payment of unds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such layment within such time period as Lender may require. Borrower's obligation to make such payments an 1 to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Seclrity Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated t I pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Esc ow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then b . 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 notice given in accordance with Section 15 and, upon such rev cation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Se ~tion 3. Lender may, at any time, collect and hold F .nds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, ld (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate th amount of Funds due on the basis of current data and reasonable estimates of expenditures of future E ;crow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an instituti III whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if oder 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 BOlTower for holding and applying the Funds, annually analyzing the escrow account, or verifying the E crow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to m :e sllch a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESP A. If there is a surplus of Funds held in esc ow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance wi RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Bo rower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the sho tagt: in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Fun Is held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESPA, and Bo :ower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured b ý this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay I taxes, assessments, charges, fines, and impositions attributable to the Property which can attain prio 'ity over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Commu lity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borr )wer shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lie 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, but only so long as Borrower is perfo ming such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those ,roceedings are pending, but only until such proceedings are concluded; or (c) secures Jrom the holder of t Ie lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender de ermines that any part of the Property is subject to a lien which can attain priority over this Security Instru nent, Lender may give Borrower a notice identifying the G -6(WY) '(0005) ~ age50115 I .. I ø \ vt1.l\ nltlas: D . ~ , ~··A ' Form 3051 1/01 -_ -w·___·_.._··__'_··____.·.__'_·____.__..__.___A_.____~_ '" .~__.,._______._,._..~._+____._. - ----"...----.--.... - - · .,.._., .,.,~.,_...._., _."__·_'~"U_'__'_"...__'~_' _..._."....... . . .,.,. _... .....__._ ._, ._.'''. Form 3051 1/01 Initials:_ß I Y\'1, ~ \ tJ., A· Pj¡ge 6 of 15 0<i6(WY)¡0005) lien. Within 10 days of the date on which that noti;e is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section L Lender may require Borrower to pay a 0 e-time charge for a real estate tax verification and/or reporting service used by Lender in connection wi h this Loan. 5. Property Insurance. Borrower shall kee the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tenn "extended coverage," and any other hazards including, but not limited to, earth [uakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amoun.s (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant t) the preceding sentences can change during the tenn of the Loan. The insurance carrier providing the insllrance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which rght shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with t is Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services or (b) a one-time charge for flood zone determination and certification services and subsequent charge each time remappings or similar changes occur which reasonably might affect such determination or c ~rtification. Borrower shall also be responsible for the payment of any fees imposed by the Federal E nergency Management Agency in connection with the review of any flood zone determination resulting f~om an objection by Borrower. If Borrower fails to maintain any of the c verages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's e pense. 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 P Dperty, or the contents of the Property, against any risk, hazard or liability and might provide greater or esser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance cov rag(~ so obtained might significantly exceed the cost of insurance that Borrower could have obtained. An amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by t is Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender d renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Le der shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall pr )mptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any fonn 0' insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, s Jch policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an addi ion¡ù loss payee. In the event of loss, Borrower shall give pnmpt 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 n t 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 security is not lessened. During such re air and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has h d an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfactbn, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the 'epairs and restoration in a single payment or in a series of progress payments as the work is completed. U less an agreement is made in writing or Applicable Law requires interest to be paid on such insurance pro :eeds, 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 roceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasi ,Ie or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with 480 - - U873S71 OrJ73tf;?1 481 the excess, if any, paid to Borrower. Such insur Ice proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lende r may file, negotiate and settle any available insurance claim and related matters. If Borrower does not :espond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, th n Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby ass'gns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amount: 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 covering he Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the ins lranee proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Sec lrity Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, e :tablish, and use the Property as Borrower's principal residence within 60 days after the execution of t lis Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Prot tion of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allo ' the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing irl 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 void further deterioration or damage. If insurance or condemnation proceeds are paid in connection ith damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring th : Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the I' :pairs and restoration in a single payment or in a series of progress payments as the work is completed. If t le insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is no, 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 cause, Lender may inspect the interio 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. 8. Borrower's Loan Application. Borro 'eI' shall be in default if, during the Loan application process, Borrower or any persons or entities a:ting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misl :ading, or inaccurate infonnation or statements to Lender (or failed to provide Lender with material infonnation) in connection with the Loan. Material representations include, but are not limited to, :epresentations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the roperty and Rights Under this Security Instrument. If (a) Borrower fails to perfonn the covenants and a~reements contained in this Security Instrument, (b) there is a legal proceeding that might significantly aU~t 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 enforcement of a lien which may attain priori y over this Security Instrument or to enforce laws or regulations); or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's nterest in the Property and rights under this Security Instrument, including protecting and/or assessin the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but re not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrum nt; (b) appearing in court; and (c) paying reasonable _ -6(WY) 100051 (!) ---,~-,..._,_..._. -,------, , .....-.--.-.-------..----....-..- 'age 7 of 15 Initials: ß· fI.1 ' Ç) , Ç) A .. Form 3051 1/01 ___. '_H_.. ..........___._____,__,____._. "".._.. _.._. . - - - r'-- . - .,"._.~.__._------_._._*..,...._-------_.._.. Ç)~ ;J \ Form 3051 1/01 'age B of 1 5 un.__.__ _. __..~__-+-_.__._.__~."__..,,, ,. __ 0" _.__.....~ _-6IWY) (0005) attorneys' fees to protect its interest in the Prope y and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change loc (s, replace or board up doors and windows, drain water from pipes, eliminate building or other code violltions or dangerous conditions, and have utilities turned on or off. Although Lender may take action unde this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agree l that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts .disbursed by Lender under t!iS Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amoutlts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such in erest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leaseholql, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Prope*y, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender require, Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to mai lain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Le der ceases to be available from the mortgage insurer that previously provided such insurance and Borrow r 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 Mortga e Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mo gage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If subst tltially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Len er the amount of the separately designated payments that were due when the insurance coverage ceased t ) be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in leu 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 earning on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverag (in the amount and for the period that Lender requires) provided by an insurer selected by Lender aga n becomes available, is obtained, and Lender requires separately designated payments toward the premi ms for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan Borrower was required to make separately designated payments toward the premiums for Mortgage I lsurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in acco dance with any written agreement between Borrower and Lender providing for such termination or until te mination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay in erest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Lo tl as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk n all such insurance in force from time to time, and may enter into agreements with other parties that shar : or modify their risk, or reduce losses. These agreements are on tenns and conditions that are satisfactory 0 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 ava lable (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, ~y purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the fo 'egoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a po tion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortga ,e insurer's risk, or reducing losses. If such agreement p rùvid es that. an affiliate of Lender takes a Shjre of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is )ften tenned "captive reinsurance." Further: (a) Any such agreements will not affec the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of th ~ Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, an:l they will not entitle Borrower to any refund. Initials:~0 , {182 - .. ü8t73~'(1. - - - - o ~r7 3~··'(1. 483 (b) Any such agreements will not affect he rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners rotE..'Ction Act of 1998 or any other law. These rights may include the right to receive certain di closures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage In mrance terminated automatically ,and/or to receive a refund of any Mortgage Insurance premiums hat were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Procee Is; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellan :ous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is eco omically feasible and Lender's security is not lessened. During such repair and restoration period, Lende shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect uch Property to ensure the work has been completed to Lender's satisfaction, provided that such inspecti In shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disburseme t or in a series of progress payments as the work is completed. Unless an agreement is made in writi Ig or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be re uired to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repalr is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied 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. In the event of a total taking, destructio, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured b this Security Instrument, whether or not then due, with the excess, if any, 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 p rtial 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 loss in value, unless Bo rower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be educed by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the to al amount of the sums secured immediately before the partial taking, destruction, or loss in value divide 1 by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in v lue. 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 p 1ial 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 secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrow r, 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 d ys after the date the notice is given, 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 Security Instrument, whethe' or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or t Ie party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action o' proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture 0 the Property or other material impainnent of Lender's interest in the Property or rights under this Secu 'ity Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided n Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgmel1t, precludes forfeiture of the Property or other material impainnent of Lender's interest in the Property Ir rights under this Security Instrument. The proceeds of any award or claim for damages that are attributa )le to the impainnent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not a >plied to restoration or repair of the Property shall be applied in the order provided for in Section 2. _ -6(WY) (00051 <!> 'age 9 of 15 '",",,, ~ ,V'1 ,0 , _A ' Form 3051 1/01 -"-.---_.,--------,---- ..._-_._--_._~:.._,-,---~..".... -..". -- ,,-...--.-.--..........----. _-0' _._..__.__.__., -_..-._._.,--_._~--~- --.-.---------..-- -.... -...-.--------.---,-----... .......1-··'--·.. - -...... --_.._---_..~----_._-_.,---'------_._.,. ._--.- Form 3051 1/01 ~.vt1,Q, n· Pj,ge 10 of 15 . -6(WYII00051 <!> Initials: 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the su ns secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borr wer shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lende' shall not be required to cormnence 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 this Security nstrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrow ~r. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's lcceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts ess than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signer ; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liabilit { shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not :xecute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and ;onvey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not pers nally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any )ther Borrower can agree to extend, modify, forbear or make any accormnodations with regard to the te ms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instru nent in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this ecurity Instrument. Borrower shall not be released from Borrower's obligations and liability under this Se ;urity 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 B .rrower fees for services perfonned in connection with Borrower's default, for the purpose of protectin , Lender's interest in the Property and rights under this Security Instrument, including, but not limited t , attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of expres authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohi it ion on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security nstrument or by Applicable Law. If the Loan is subject to a law which sets m dmum loan charges, and that law is finally interpreted so that the interest or other loan charges collected 0 r to be collected in connection with the Loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) any sums al eady collected from Borrower which exceeded pennitted 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 p yment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepaym :nt without any prepayment charge (whether or not a prepayment charge is provided for under the N te). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiv ~r of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrowe' or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in co mection with this Security Instrument shall be deemed to have been given to Borrower when mailed by rst class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to ny one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires othe vise. The notice address shall be the Property Address unless Borrower has designated a substitute noti e address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. J Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only rep rt a change of address through that specified procedure. There may be only one designated notice addre;s under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated Dther address by notice to Borrower. Any notice in connection with this Security Instrument shall n t be deemed to have been given to Lender until actually received by Lender. If any notice required by t is Security Instrument is also required under Applicable Law, the Applicable Law requirement will sat sfy the corresponding requirement under this Security Instrument. - 484 ~"j38t"(1. 081 - - - 0873~:~fij1. 485 16. Governing Law; Severability; Rul of Construction. This Security Instrument shall be governed by federal law and the law of the juri diction in which the Property is located. All rights and obligations contained in this Security Instrumerlt are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitl or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be co strued as a prohibition against agreement by contract. In the event that any provision or clause of this S curity Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisi ns of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) lOrds of the masculine gender shall mean and include corresponding neuter words or words of the fe únine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be gi 'en 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 Section 18, "Interest in the Property" means any legal or ben ~ficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bon for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the trans er of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Int rest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest i l Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediat 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 sh I give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from t le date the notice is given in accordance with Section 15 within which Borrower must pay all sums secur ~d by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this peri d, Lender may invoke any remedies permitted by this Security Instrument without further notice or demmd on Borrower. 19. Borrower's Right to Reinstate Afte~ Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcem :nt 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 lS 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 ill sums which then would be due under this 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 en£ rcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspect'on and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Pr >perty and rights under this Security Instrument; and (d) takes such action as Lender may reasonably req lire to assure that Lender's interest in the Property and rights under this Security Instrument, and Borro ler's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender m lY require that Borrower pay such reinstatement sums and expenses in one or more of the following fonn , as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a fe ieral agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrowe , this Security Instrument and obligations secured hereby shall remain fully effective 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 I can be sold one or more times without prior notice to Borrower. A sale might result in a change in he entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and perfonns other mortgage loan servicing obligations under the Note, this Securi y Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrela ed 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 paym :nts should be made and any other infonnation RESP A G-6(WY) (00051 (I> P,ge 11 of 15 Initials: is, /VI. ' Ç) ( o. II. Form 3051 1/01 ,..--"~.__._-,,-----_......-. - ----_.~_.-.._._._-_._,,_..._--"_..,._----_..__.,-_.,_..-..-..--'- Form 3051 1/01 ~\91 Ð·t4· P~lg. 1 :! of 15 _-6(WYI 10005) Initials: requires in connection with a notice of transfer 0 servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purch ser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer r be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise p ~ovided by the Note purchaser. Neither Borrower nor Lender may commene, join, or be joined to any judicial action (as either an individual litigant or the member of a class) th t arises from the other party's actions pursuant to this Security Instrument or that alleges that the other arty has breached any provision of, or any duty owed by reason of, this Security Instrument, until such B rrower or Lender has notified the other party (with such notice given in compliance with the requirement of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after t e giving of such notice to take corrective action. If Applicable Law provides a time period which ust elapse before certain action can be taken, that time period will be deemed to be reasonable for pu )oses of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuan to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deeme to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substan es, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other lammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials contai Ling asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protecti:m; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as de lned in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the pres :nce, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous ;ubstances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting t le Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Conditi m, 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 recogni led to be appropriate to nonnal residential uses and to maintenance of the Property (including, but not Ii IÚted to, hazardous substances in consumer products). Borrower shall promptly give Lender writte 1 notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulato '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 limit d to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) an r condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or my private party, that any removal or other remediation of any Hazardous Substance affecting the Propert ' is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environme tal Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. 48G - - 0873~"'1 U8~;381^(1. 487 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agr ment in this Security Instrument (but not prior to acceleration under Section 18 unless Applicabl ~ 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 lefault must be cured; and (d) that failure to cure the default on or before the date specified in the n )tice may result in acceleration of the sums secured by this Security Instrument and sale of the Prop ~rty. The notice shall further inform Borrower of the right to reinstate after acceleration and the rig It to bring a court action to assert the non-existence of a default or any other defense of Borrower to accderation and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument vithout further demand and may invoke the power of sale and any other remedies permitted by A )plicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies pr Ivided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evi lence. If Lender invokes the power of sale, Len ler shall give notice of intent to foreclose to Borrower and to the person in possession of the Prope 1y, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrow ~r in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property :haU 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 xpenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums sec red by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums sec Ired by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any re;orclation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if th : fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and wa ves all rights under and by virtue of the homestead exemption laws of Wyoming. . -6(WY) 10005) ~ age 13 of 15 .--.- -'-"''''__'''_' .__.__..,_...._.'_._+,__________,,~_._~._.._..._.'..__.. _.... c-....,.__.... _.____.___..____..___ - - Initials: ß, till' D. b" ¡1 - Form 3051 1/01 - Form 3051 1/01 P~ge 14 of 15 (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower QJ ¡t¡1 aß~~ DANIEL M ALLPHIN' (Seal) 10 J - ~ J -..II ..-/Borrower ~ /tf ~ iU-r (Seal) -Borrower ~ ,~(' ß. fr1 . BRUCE M DAVIS (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower _._ _U__·___·"·_·,_._H·" _" .'.'.'_"..___.___".__.__",. 0i6(WY) (0005) # Witnesses: BY SIGNING BELOW, Borrower accepts ~nd agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by })orrower and recorded with it. 488 - - 08738'-,1. 0873~-,r71. STATE OF WYOMING, LINCOLN 489 County ss: The foregoing instrument was acknowledged before me this JUNE 12, 2001 by BRUCE M DAVIS AND DANIEL M ALLP~IN by His Attorney in Fact, Bruce M. Davis My Commission Expires: January 11, 200 LAURIE McKEE - NOTARY PUBLIC CO~TYOf . STATE Of UNCOlN WYOMING G@-6GIWYI (0005) ----.-----,-,--......-..., _......_.........____.__..______._._ _.__. u___... _.._...._,. _,''''''__'''_.__." ..._.,___,_...._.. ._.._.-,... .." P,ge 15 of 15 '""".~,o , CJ ,CL _ Form 3051 1/01 '.... .....'-----.-..----. -------..---·-1-·-·------·-----·-·-..· ¡- - - -_._--.'~'---"--------"--.---."-.._.'-"'-.-----".. "..'- ~.._.'-_._.-.--,,_. 1111111I111111111111111111111111111 '"ltl." ~'t 9- _ r~ 3170 1/01 MULTISTATE 1- 4 FAMILY RIDER· Fannie Mae/Freddile MIIC UNIFORM INSTRUMENT age 1 of 4 G-S7R (0008) VMP MORTGAG~: FORMS - (800)521-7291 ~ A. ADDITIONAL PROPERTY SUBJEC r TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrume 1t, the following items now or hereafter attached to the Property to the extent they are fixtures are adde to the Property description, and shall also constitute the Property covered by the Security Instrument: bililding materials, appliances and goods of every nature whatsoever now or hereafter located in, on, 0 r used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, re prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tub , water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, lryers, awnings, stonn windows, stonn doors, screens, blinds, shades, curtains and curtain rods, attache mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additio lS thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. Al of the foregoing together with the Property described in the Security Instrument (or the leasehold estate i ' the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instru ~nt as the "Property." 1·4 FAMILY COVENANTS. In additionl to the covenants and agreements made in the Security Instrument, Borrower and Lender further Covenmll and agree as follows: (the "Lender") of the same date and covering the Proþerty described in the Security Instrument and located at: 117 HILLVIEW DRIVE, AFTON, WY 831110 THIS 1-4 F AMIL Y RIDER is made this l~rH day of JUNE, 2001 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note toWELLS FARGO HO MORTGAGE, INC. 1-4 PANHL Y RIDER (Âsslgn~nent of llènts) 0873t:j·ï1. 490 - 4FR-317 0-1 - 8724363 Utr-; J~{¡1. 491 B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all la's, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as pe mitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfec :ed against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required >y Section 5. E. "BORROWER'S RIGHT TO REINST \TE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unl :ss Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of th : Property is deleted. G. ASSIGNMENT OF LEASES. Upon .ender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. ~s used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a lease 101d. H. ASSIGNMENT OF RENTS; APPOIN ~MJ~NT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assig IS and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to w 10m the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect t e Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. Ho vevt:r, Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default pursuant to ;ection 22 of the Security Instrument, and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not n assignment for additional security only. If Lender gives notice of default to Borro 'er: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender nly, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to col.ect and receive all of the Rents of the Property; (iii) G-57R (0008) ~ P !ge .2 of 4 Initials:ßIM' ~ , o _F~m_3170 1/01 ----,._--_._".__.--_._....+---~_._---,---_._.. _++. ____u,_.____."_".._ "....... '.-."..------ - - - 1·· . ~,9r Initials: 'J::), A-. Form 31701/01 age 3 of 4 -_...-..__.--.....'"- ..---....,--- _.."._-,~.__.._"'-~... G-S7R (0008) ~ I. CROSS-DEFAULT PROVISION. BorrJ)Wer's default or breach under any note or agreement in which Lender has an interest shall be a breach un ler the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrumen . Borrower agrees that each tenant of the Property :hall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenan; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be a plied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and mainte lance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed recei er shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits d :rivt:d from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not SUfficiej: to cover the costs of taking control of and managing the Property and of collecting the Rents any fund expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by th ~ Security Instrument pursuant to Section 9. Borrower represents and warrants that Borr ,wer has not executed any prior assignment of the Rents and h" nnt perfnnned, and will nnt perfnnn, an, act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially a1pOiflted receiver, shall not be required to enter upon, take control of or maintain the Property before or afte' giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs, Any application of Rents shall not cure or waive any efault or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shal terminate when all the sums secured by the Security Instrument are paid in full, 492 - 1- - 0873S71. U87~S~;;1 49:3 BY SIGNING BELOW, Borrower accepts nd agrees to the terms and provisions contained in this 1-4 Family Rider. ~M~ BRUCE M DAVIS (Seal ) -Borrow r (Seal ) -Borrow r (Se ) -Borrow r (Se ) -Borrow :r _-S7R (0008) ~ --~-----_.-.'- ,..-...-. --.-....-..-.-.-..-------.. .._~,...- " " "-.".-,.-. -....-..-- -"-.-.--.--".. ... 'Mr" ----...-,-._._.0___- - ~ /t1, ~(seal) DANIEL M ALLPHIN :..-,/.; . ,+:Borrower ~~ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower P ¡ge 4 of 4 Form 3170 1/01 - -