HomeMy WebLinkAbout951735000vr
Retum To:
Prepared By:
State of Wyoming
[Space Above This Line For Recording Data]
MORTGAGE
kjidlitie
.Company
SINCE 1904
THIS MORTGAGE "Security Instrument is given on JANUARY 21, 2010
The Mortgagoris J OSTOJA AND DARLENE L JEFFREYS, HUSBAND AND WIFE
"Borrower This Security Instrument is given to WELLS FARGO BANK, N.A.
0115052953
FHA Mortgage WY
VMP
Wolters Kluwer Financial Services
NMFL 0322 (WYFM) Rev 6/2008
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
TWO HUNDRED SIX THOUSAND ONE HUNDRED NINETY SIX AND 00/100
Dollars (U.S. 206, 196.00),
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 FEBRUARY 01, 2040
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
OO:.y5`4
FHA Case No.
591 1145395 203B
Initials:
Revised 4/96
4RIWY) (080300
Page 1 of 9
O
RECEIVED 1/21/2010 at 4:00 PM
RECEIVING 951735
BOOK: 740 PAGE: 574
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
00i: 575
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:
LOT 103 OF NORDIC RANCHES DIVISION NO. 7, LINCOLN COUNTY,
WYOMING, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED MAY 8, 1996,
AS RECEIVING NO. 819464, IN THE OFFICE OF THE CLERK, LINCOLN
COUNTY, WYOMING, AS PLAT NO. 311 -E.
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 1168 SADDLE DRIVE [Street]
ETNA [City], Wyoming 83118 [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 uniform covenants for national use and non uniform covenants
with limited variations by jurisdiction to constitute a uniform 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 determined 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
Initials:
Revised 4/96
P4R(WY) (0803).00
e 2 of 9
O 576
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 U.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 RESPA, Lender
shall account to Borrower for the excess funds as required by RESPA. 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 RESPA.
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 Mortgage WY
VMP O
Wolters Kluwer Financial Services
Initials:
Revised 4/96
P4R(WY) (0803).00
Page 3 of 9
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 from 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 from 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 Mortgage WY
VMP
Wolters Kluwer Financial Services
Initials:
Revised 4/96
P4RIWV) (0803).00
Page 4 of 9
8. Fees. Lender may collect fees and charges authorized by the Secretary.
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 Kluwer Financial Services
5'78
Revised 4/96
/0 y (0
Initials: Pag
10
006579
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 O
Wolters Kluwer Financial Services
Initials:
Revised 4/96
P4RIWY) (0803).00
Page 6 of 9
D
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 the 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 U.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)].
Condominium Rider Growing Equity Rider 1 1 Other [specify]
Planned Unit Development Rider 1 1 Graduated Payment Rider
FHA Mortgage WY
VMP
Wolters Kluwer Financial Services
Initials:
C100580
Revised 4/96
P4R(WY) (0803).00
Page 7 of 9
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:
(Seal)
Borrower
FHA Mortgage WY
VMP
Wolters Kluwer Financial Services
ARLENE L JE EYS
0&
(Seal)
Borrower
(Seal) (Seal)
Borrower Borrower
(Seal) (Seal)
Borrower Borrower
Initials:
(Seal)
Borrower
Revised 4/96
4R(WY) (0803).00
Pape 8 of 9
STATE OF
This instrument was acknowledged before me on JANUARY 2, BT, 2 010
by DARLENE L JEFFREYS
My Commission Expires:
JULIE A. MEDINA
NOTARY PUBLIC STATE OF UTAH
2001 SOUTH STATE STREET #3600
SALT LAKE CITY, UT 84109
My Comm. Exp. 03/27/2012
STATE OF WYOMING,
My Commission Expires 1011 11I
1 naallau D No pry�Prcfllraaa
T
Fv d
County of H $`(9ik1 Of
C Lincoln W y oming
WA
AW AAA
we
My Commission Expires 10/11/20
WA
eeaolagillagreeig11ro11 $re;3tastr er
FHA Mortgage WY
VMP
Wolters Kluwer Financial Services
O52
County ss: 7A I LA kC..
Notary Public
TETON COUNTY ss:
This Instrument was acknowledged before me on January 19th, 2010 by
TONY J. OSTOJA
Initials:
Revised 4/96
R(WY) (0803).00
Page 9 of 9
Record and Return by Mail by Pickup to:
WFHM FINAL DOCS X2599 -024
405 SW 5TH STREET
DES MOINES, IA 50309 -4600
Serial No.
Page 1 Initial:
NMFL 7109 (MAHR) Rev 2/4/2008
P.
0
MANUFACTURED HOME RIDER TO SECURITY INSTRUMENT
583
This Rider is made this JANUARY 21, 2010 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 t• WELLS FARGO BANK N.A.
"Lender of the same date
"Note and covering the Property described in the Security Instrument and located at:
1168 SADDLE DRIVE, ETNA, WY 83118
(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:
USED 2000 NASHUA HOMES NASHUA NASHUA 074 x026
New /Used Year Manufacturer's Name
NNID39033A7928 NNID39033B7928
Serial No.
Model Name or Model No. Length x Width
Serial No. Serial No.
00i;584
(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.
4. Affixation. Borrower covenants and agrees:
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§ 0 ,y y other amounts Borrower owes under the Loan Documents.
0 ,14L/
Page 2 Initial:
NMFL 7109 (MAHR) Rev 2/4/2008
Borrower
(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.
Borrower
TONY J OSTOJ
Borrower Borrower
Borrower Borrower
Notary Signature
Notary Public, State of
STATE OF YLLL 7 1 0
ss.:
COUNTY OF L
On the day of in the year 11
before th gd
uersigrted, a Notary Publi i and for said State, personally appeared
.c eL
personally krSwn to me or prbtied to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is(are) subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s)
on the instrument, the individual(s), or the person on behalf of which the individual(s) acted,
executed the instrument.
My Commission expires: /6/1/ PO if
Official Seal:
Drafted By: KELLY EPPERSON
Page 3
NMFL 7109 (MAHR) Rev 2/4/2008
.31 TNESS my hand and seal this day of
l,
1Y f yitti
Borrower
DARLENE L JEFFREYS
Borrower
Notary Printed Name
Qualified in the County of
Check if Construction Loan
u oa:5r'5
Jan�� r 2o/o
x66411111 1 IJI111111111111111Iu6L
e' Fenton Notary Public
County of t State of imi
R Lincoln f Wyoming E
7 My Commission Expires 10/11/2011
ex
66® 66666666666666666666694 §i 31126 111111r
(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.
Borrower Borrower 1
TONY J OSTOJA DARLENE L JEFFREYS
Borrower
Borrower
Borrower
STATE OF 0174 k
ss.:
COUNTY OF SA tt
Gov
Notar
On the
WITNESS my hand and seal this
before me, the ufidersig ed, a Notary Public in and for sdid State, personally appeared
Notary/ Public, State of
Official Seal:
Drafted By: KELLY EPPERSON
Page 3
NMFL 7109 (MAHR) Rev 2/4/2008
5
personally known to me or pro ed to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is(are) subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s)
on the instrument, the individual(s), or the person on behalf of which the individual(s) acted,
executed the instrument.
�1 MAY' do
Signature
day of ti ...)5q
My Commission expires: 3 aola
Borrower
Borrower
Borrower
Check if Construction Loan
of N U -1
in the year at)
b
a
��ec, Oa
Notary Printed Name
Qualified in the County of
JULIE NOTARY PUBLIC S STATE O F UTAH
2001 SOUTH STATE STREET #3600
My Comm Exp. 03/2 012
6
Record and Return 1 by Mail 1 by Pickup to:
WFHM FINAL DOCS X2599 -024
405 SW 5TH STREET
DES MOINES, IA 50309 -4600
This Instrument Prepared By:
KELLY EPPERSON
Preparer's Name
1919 DOUGLAS,
Preparer's Address 1
OMAHA, NE 681010000
Preparer's Address 2
Page 1 Initial:
NMFL 7111 (MAHA) Rev F/2008
MANUFACTURED HOME AFFIDAVIT OF AFFIXATION
00C1) 587
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.
TONY J OSTOJA
DARLENE L JEFFREYS
[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:
USED 2000 NASHUA HOMES
New /Used Year Manufacturer's Name
NNID39033A7928 NNID39033B7928
NASHUA NASHUA 074 x 026
Model Name or Model No. Length x Width
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
1168 SADDLE DRIVE, ETNA, LINCOLN, WY 83118
Street or Route, City, County, State Zip Code
C.4)4)588
5. The legal description of the Property Address "Land is:
LOT 103 OF NORDIC RANCHES DIVISION NO. 7, LINCOLN COUNTY, WYOMING, AS SHOWN
ON THE OFFICIAL PLAT THEREOF FILED MAY 8, 1996, AS RECEIVING NO. 819464, IN
THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING, AS PLAT NO. 311 -E.
THIS IS A PURCHASE MONEY SECURITY INSTRUMENT.
TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.O. BOX 11701,
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 }(1 is [1 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 tie cords where conveyances of real estate are recorded.
Page 2 Initial:
NMFL 7111 (MAHA) Rev 2/4/2008
8. The Home shall be assessed and taxed as an improvement to the Land. `.:1 05t'
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:
11.
(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.
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 of 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 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 i
Page 3 Initial:
NMFL 7111 (MAHA) Rev x2008
r�rep where conveyances of real estate are recorded.
IN WITNESS WHEREOF, Homeowner(s) has executed thj; ffidavit in my presence and in the
presence of the undersigned witnesses on this 1R c 1 day of
4.414,a..- Ar) I b
Homeowners (AL)
TONY 0= OJA
Homeowner #2 (SEAL) Witness
DARLENE L JEFFREYS
Homeowner #3 (SEAL) Witness
Homeowner #4 (SEAL)
tif ijeM ei STATE OF
COUNTY OF LA
Witness
Witness
ss.:
,0
On the lr day of m in the year u /6
before me, the dersigaecl, a Notta I and for said State, personally appeared
personally known toe or proved t9me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is(are) subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s) on
the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed
the instrument.
Notary Signature
Notary Public, State of
My Commission expires:
Official Seal:
Page 4
NMFL 7111 (MAHA) Rev 2/4/2008
Notary Printed Name
Qualified in the County of 4-1&'''
a11111111n1111111111n11n 111111 ta 1111111110n1111easm11 ilia
D. Fenton Nota y Public
s
r w
County of E v. Sta'� of
0. w
e Lincoln k c% 5' WyOmk:3 nt
My Commission Expires 10!11 /20 as
"1 1181111111111l1111111111111111111111111111111e 'rsea kiar
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.
IN WITNESS WHEREOF, Homeowner(s) has executed tjis Affidavit in my presence and in the
presence of the undersigned witnesses on this (p day of
e 4,k
Homeowner #1 (SEAL)
T rat. OSTOJA
Witness
Homeowner #2 (SEAL) Witness
DARLENE L JEFFREYS
Homeowner #3 (SEAL)
Homeowner #4 (SEAL)
Not Signature
Notary Public, State of
Official Seal:
Page 4
NMFL 7111 (MAHA) Rev 2/4/2008
Ut-
Witness
Witness
STATE OF 0-1=6 k
COUNTY OF 5,4 Lf4 )r
On the 6-
before me, the und a tary Public in and for saki State, personally appeared
Dar lent L e-F reys
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is(are) subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s) on
the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed
the instrument.
ss.:
day of, fJOA4I
My Commission expires: c
JULIE A. MEDINA
NOTARY PUBLIC STATE OF UTAH
2001 SOUTH STATE STREET #3600
SALT LAKE CITY. UT 84109
My Comm. Exp. 03/27/2012
in the year c 2- v
Notary Printed Name
Qualified in the County of '3 L
C:u591,
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.
Record and Return by Mail by Pickup to:
WFHM FINAL DOCS X2599 -024
405 SW 5TH STREET
DES MOINES, IA 50309 -4600
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:
305 BLAIR PLACE APT B
JACKSON, WY 83001
City, State Zip, County
Street Address
"Present Address
I am the Buyer /Owner of the following manufactured home (the "Manufactured Home
USED 2000 NASHUA HOMES NASHUA NASHUA
New /Used Year Manufacturer's Name
NNID39033A7928 NNID39033B7928
Serial No. Serial No.
Serial No. Serial No.
permanently affixed to the real property located a t1168 SADDLE DRIVE
ETNA, LINCOLN, WY 83118
City, County, State Zip
Page 1 Initial:
NMFL 7110 (MALA) Rev 2/4/2008
0
074 x 026
Model Name or Model No. Length x Width
Street Address
:6592
"Property Address and as more
300593
593
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
JANUARY 21, 2010 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 Initial:
NMFL 7110 (MALA) Rev 2/4/2008
Bor er
TINY OSTOJA
WITNESS my hand and seal this I VL day of VET vA j apt C�
c.J
orrower
DARLENE L JEFFREYS
Borrower
Borrower
STATE OF V k
L^ ss.:
COUNTY OFcj j L yq e
On the day of 37 1) U7 J in the year 1 0
before me, the undersigned, a Notary Public in and for said State, personally appeared
r le, L 1 Te F'F'r-e its
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is(are) subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s) on
the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed
the instrument.
Signature
Notary Public, State of Ul aJ l
My Commission expires:
Official Seal:
Drafted By: KELLY EPPERSON
Page 3
NMFL 7110 (MALA) Rev 2/4/2008
Witness
Witness
Witness
Witness
Notary Printed Name
I 1 Check if Construction Loan
JULIE A. MEDINA
NOTARY PUBLIC STATE OF UTAH
2001 SOUTH STATE STREET #3600
My Comm Exp. 03/27/2012
3 0 4.) 594
-eck`
Qualified in the County of 'j L( ,cI 1II
Borrower
TONY J O TOJA
Borrower
Borrower
WITNESS my hand and seal this g
Borrower
DARLENE L JEFFREYS
ss.:
day of
Witness
Witness
Witness
Witness
Ja(1v
595
2-01 201
On the 1 day of in the year
before me, the under -ned, a N9tar Puf Iic(and for said State, personally appeared V
personally known to me or prove'd to me on The basis of satisfactory evidence to be the individual(s)
whose name(s) is(are) subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s) on
the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed
the instrument.
Notary Signature
Notary Public, State of 1/01
My Commission expires: 1 fiii
Official Seal:
Drafted By: KELLY EPPERSON
Page 3
NMFL 7110 (MALA) Rev 2/4/2008
Notary Printed Name
Qualified in the County of L�
m D. Fenton Nolrty Public
W B
2 County of state of m
Lincoln �a,'rT Wyoming R
2 My Commission Expires 10/11/2011
geeaaeaeaeneenunueaeeeariaaasi tear
Check if Construction Loan
EXHIBIT A
PROPERTY DESCRIPTION
596
The legal description of the Property Address "Land is typed below or please see attached legal
description:
LOT 103 OF NORDIC RANCHES DIVISION NO. 7, LINCOLN COUNTY,
WYOMING, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED MAY 8, 1996,
AS RECEIVING NO. 819464, IN THE OFFICE OF THE CLERK, LINCOLN
COUNTY, WYOMING, AS PLAT NO. 311 -E.
Page 4 Initial:
NMFL 7110 (MALA) Rev 2/4/2008