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HomeMy WebLinkAbout873714This Mortgage sa a6Q1L 8f MatTtACt~ ►Alt 4-- ~.,t' , CLE , t; K H r ~1I 5__PR PAGE= U ~ _ BOOKIt 6- 6769969 s0.30Ud Return To: WELLS FARGO HOME MORTGAGE, XNC. 3601 MINNESOTA DR. SUITE 200 BLOOMINGTON, MN 55435 Prepared By: WELLS FARGO HOME MORTGAGE, INC. 1919 DOUGLAS,, OMAHA, NE 681010000 WYCM-3051-C-1 L0 : e0 TO- b0 Nflr (Space Above rWS Line For Recording MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined ill 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 datcd►TUNE 04, 2001 together with all Riders to this document, (R) "Borrower" is RANDAL J HRUSKA , A MARRIED PERSON AND PAMELA T HRUSKA , A MARRIED PERSON Borrower is the mortgagor under this Security Instrument, (C) "Lender" is WELLS FARGO HOME MORTGAGE, INC. Lender is a CORPORATION organized And existing under the laws of THE STATE OF CALIFORNIA WYOMING•Singlo Family-Fannlo Mae/Freddlo Mac UNIFORM INSTRUMENT Form 3051 1/01 ~'6(WY) tooost ~ Pago 1 01 15 Inwims! V VW1P MORTOAU roAm 5 0001521•7291 III VIII (IIII IIII III III IIII IIII IIII 90 'd = IL 2 Z 9E5 Klb 'ON Xd3 =l 3WOH MV2 S113M WV 99 ! 90 NC -m-Nn r (38'7v.3714 90 * 3E)bd Lender's address is P.0• BOX 5137, DES MOINES, IA 503065137 Z0:80 T0, 00 Nnf Lender is the mortgagee under this Security Instrument. (D) "Note" rncans Elie promissory note signed by BormwLr and dated JUNE 04, 2001 The Note states that Borrower owes Lender ONE HUNDRED SIXTY THOUSAND AND 00/100 (U.S. $ ****160, 000.00 Dollars plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JULY 01, 2016 (E) "property" means the property that is described below under the hending "Transfer of Rights in the Property." (D "Loan" paeans the debt evidenced by the Note, plus interest, any prepayrricnt charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by borrower (cheek box as applicable): L Adjustable Rate Rider ❑ Condominium Rider El Second Iloine Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider ❑ VA Rider ❑ Biweekly Payment Rider ❑ Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Ducs, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaciloit originated by cheek, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-salts transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" rncans any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the Govt-rages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of tlic Property; (iii) conveyance in lieu of condenuration; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settloment 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 tune, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. t 4)-61WY) tooo6t 90 'd I L t Z 9E5 KO 'ON Xdd aaen 2 of 15 Form 3051 1/01 OIW 3WOH OOddd S113M WV 95:90 NOW 10H-t0-NA 80'30dd 40:80 TO, 00 Nflf (P) "Suceawsor in Interest of Borrower" nheans any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants g and agrant and under this Security fimrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Leader's successors and assigns, with power of sale, the following described property located in the COUNTY of LINCOLN 1'rypu of Recording Jurisdickin) [N;unc of Recording Jurisdiction] SHE ATTACHED LEGAL DESCRIPTION THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD 13E SENT Tot WELLS FARGO HOME MORTGAGE, INC., P.O. BOX. 5137, DES MOINES, IA 503065137 Panel ID Number: 08800 which currently has the address of 76296 U.S. HIG HWAY 89 SHOOT (Screen ("Property Address"): [City] , Wyoming 83126 141) Cody] TOGETHER WITII all the improvements now or hereafter erected on the property, and all easenams, appurtenAmces, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and 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-unifoml covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under tho Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. Howe-ver, if any check or other instrument received by Leader as payment under the Note or this •6(WY) woos) ~ rego s of 15 - ~ Form 3057 1,/01 90 'd I t I Z 965 Ktj 'ON XV. =1 3WOH Md3 S113M WV 99:90 N(=-m-N(1f 60' EiOud (927 90:80 Z0, b0 Nnr Security Instrument is returned to Lender unpaid, Lcnder may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank cheek, treasumr's check or cashier's check, provided any such check is drawn upon an instiwtion whose: deposits are insured by a federal agency, instntntentality, or entity; or (d) Electronic Funds Transfer, Payments are deemed received by Lender whert received at the location designated in the Note or at such other location as may be designated by Lender in accordance with tho notice provisions in Section 15, Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partihil payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such ukapplied funds until borrower nklkes payment to bring the Loan current. If Borrower does not do so within a reasonable period of tine, Lender shall either apply such funds or return theist to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Burrower might have now or in the future against Lender shall relieve Borrower from snaking payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds, Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of 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 Puny other amounts due under ibis Security i►hstniment, and than to reduce the principal balance of the Note. If Lender receives a payment from borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each paytnLrit can be paid in full. To the extent that any excess exists after the payment is applied to the fall payment of one or more Periodic .Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and theta as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments nre due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of ansouats due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leaschold payments or ground rents on the Property, if any, (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, it' any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions 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 any, be escrowed by Borrower, and such dues, fees fund assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Iterns unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow It m s. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts - -S( WY) rooos) Payo s of I$ Form 3051 1101 fl /1JY 60 'd iLiz 9£5 KO 'ON XV~ 01W HWOH OONV. S113M WV 69:90 NOW 10H40-NOf 087 3714 OT '3E)Ud 90:80 TO, b0 Nflr due for any Escrow Items for which payment of Funds has been waived by Lender and, if L.cnder requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase; "covenant and abrecmvnt" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Iten, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Under 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 revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any tune, collect and hold Funds in an amount (a) sufficient to permit Lender to .ipply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Reins or otherwise in accordance with Applicable Law. The funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loai Bank. Lender shell apply the Funds to pay the Escrow Itctris no later than the biro: specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, ar►nually analyzing, the escrow account, or verifying the Escrow Items, unless Lender pays Borrower inwrest on the Funds and Applicable Law permits Lender to make such 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 iiacrest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid oil the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If then: is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrowex as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than l2. monthly payments. If there is a deficiency of Funds held in escrow, a% defined raider RESPA, Lender shall notify }borrower as required by RESPA, and Borrower shall pay to Lender [lie 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 by this Security Instrument, Leader shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold paymcrits or ground rents on the Property, if any, and Community Association Ducs, Fees, and Assessments, if ariy. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. 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, but only so long as Borrower is performing such agreement, (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings arc: concluded; 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 can attain priority over this Security instrument, Lender may give Borrower a notice identifying the CM 6(wy) toooc) e Form 3051 1/01 01 °d 11 2 9£5 KO 'ON Xd3 13WOH OONd~ S113M WV 69 ; 90 N(W-bO-Nflf M, M Z Z ' 30Ud ?9 60:80 Z0, 00 Nnr lien. Within 10 days of the (late on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep 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, earthquakes and floods, fur which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone deterrW Cation, certification and tracking services; or (b) a one-time charge f'or flood zone determination and certification services and subsequent charges each time reniappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for -the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood -rune determination resulting from an Objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense, Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but migght or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by bender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Leader as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard ►nor►gage clause and shall r4une Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower, Unless Lender and Dorrowcr otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a Series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with inn~nt6 44_.~ 6(WY) I00051 Pnpo 6 e1 15 Form 3051 1/01 11 °d IL2 9£5 KO 'ON Xbd 01W 3WOH 00M S113M WV 00:1.0 NOW t00Z-b0-NM os'9'3` 14 FT ' 30dd '330 60:80 Z0, 00 Nnf the excess, if any, paid to Borrower. Such insurance proceeds shall bu applied in the order provided fur in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and relates] matters, If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then 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 Propwty under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Now 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 the Property, insofar as such rights arc applicable to (lie coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. ti. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall conti►itle 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 cimunrsta►hces exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections, Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on tho Property. Whether or not Borrower is residing in the Property, Borrower shall maiwain 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 riot economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or danklge. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed, df the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of Elie Property. If it has reasonable: cause, Lender hnay inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or ,tatemelhts to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but arc not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Burrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority 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 I&nder's interest in the Property and rights under this Security Lhstnnncctt, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to; (a) paying any sums secured by a Bert which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable al -6 100051 inlUaler Page 7 or t5 Form 3051 1/01 Z1 'd M iLIZ 965 ZOb 'ON xv~ 3WON NEE S113M WV OO:LO NCM m-Nnr ,7,si14 £T'3Jdd G 3 1 OT:80 TO, 00 Nnf attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not litnitcd to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have urilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note talc from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease, If Borrower acquires fee title to the Property, the leasehold and the ftie title shall not merge unless Lender agrees to the merger in writing. 10, Mortguge Insurance. If Lender required Mortgage Insurance; as a condition of nicking the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to nuke separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to thu Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Under can no longer require loss reserve payments if Mortgage insurance coverage (in the amount and for the pch•lod that Le.'ndvr requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgagu Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or try entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Lowe as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluates their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage; insurer and the other party (or parties) to these agreements. 't'hese agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." I~urther: (u) Any such agreements will not affect the amounts that Burrower has agreed to puy for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage insurance, and they will not entitle Borrower to any refund. in,t,vis (Ofi+ -6(WY) tooos) Pago a or 16 Form 3051 1101 C1 'd U2 12 9CS K0 'ON Xd3 UW 3WOH OOHd3 S113M WV 10 ; LO NOW 1002-M-Nflf I o-8,7 3'214 8 3'2' PT'30bd 0:80 t0, b0 Nnr (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Ilomeowners Protection Act of 1998 or any other haw. These righty may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to rcc;ive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Leander may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender slkall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds 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, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security h>.strurrtcrit, whether or not then due, with the excess, if any, paid to Bom)wer. In the event of a partial taking, destruction, or loss in value of the Property in which the fair tntarkct value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount Of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds sliall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect attd apply the Miscelhuteous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" rneaits the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall he in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the; action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights unde7 this Security Instrument. The proceeds of any award or claim for damages that arc attributable to the impairment of Lcndcr's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that arc not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. (M19-6tWV) 100051 Page a or 15 Form 3051 1/01 bi d IL2 9£5 KO 'ON Xd3 IM! 3WOH OONVA S113M WV IO:LO N(=__M_NAr L ST'3Jdd L_J M 33'> TT:80 T0, b0 Nnf 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Fxtension of the tinge for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings agagtist 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 Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exurcising any right or remedy including, without limitation, Lender's acceptance; of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then duo, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrumm but does not execute the Note (a "co-signer"): (a) is co-sighing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terns 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 Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless bender agrees to such release in writblg. The covenants and agreements of this Security htstrume►it shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender, 14. Loan Charges, Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protcc.King Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority iu this Security inslnnnent to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instnuncnt or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan chargers collected or to be collected in connection with the Loan exceed The permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notlees. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. 'line notice address shall be the property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified, procedure:. 'lhcre may be only one designated notice address under this Security Instrument at any one 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 another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to L=dcr until actually received by bender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requircrncrit will satisfy the corresponding requirement under this Security Instrument. Inieials M-6(WY) iooohl ergo 10 of 15 - Form 3051 1/01 e~x # 91 'd ILIZ 9£5 20b 'ON xv. 01W 3WOH 008V~ S113M WV ZO;LO NOW IOU-M-NU ` 3 4 9T'30bd eT:80 T0, t70 Nnf 16. Governing Law; Stverability; Rules of Construction. This Security Instrument shall be govcmed by federal law and the law of the jurisdiction in which the Properly is located. All rights and obligations contained in this Security Instrument are subject to any rcyuircments and limitations of Applicable Law. Applicable Lave might explicitly or implicitly allow the panics to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with 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. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminirte bender; (b) words in the singular shill 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 given one copy of the Nola and of this Security Instrument. 18. Transfer of the Property ore Benclieial Interest in Borrower. As used in this Section 18, "Interest in the Propexty" means any legal or beneficial interest in the Property, including, but not litnitcd to, those beneficial interests transferred in a bond for deed, contract for decd, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Intl-rest in the Property is sold or transferred (or if Borrower is not a natural person and a bL-teficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. Howcwer, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Lnstrumciit. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. ly. Borrower's Right to Reinstute After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenatiN or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees. property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrtanerlt; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as sclectt!d 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 federal agency, instrumentality or entity; or (d) Mccironic Funds Transfer. Upon reinstatement by Borrower, 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. 'rhos Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. Ibere also might be one or more chutges of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Serviccr, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA MW IUOp5) In tISI m Pogo 11 of 16 0~~ Form 3051 1101 91 'd iL2 969 WO 'ON Xbd M` HWOH ODEV2 S113M WV ZO;LO NCM m-No F--- 0873714 Z,T ' 30bd M M 3 3,J Zi:80 z0, 00 Nnr requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and arc; not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party licreto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action carat be taken, thut time period will be deemed to be reasonable for purposes of this paragraph. 'lime notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substnnees. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollwa nts, or wastes by Environmental Law and [tic following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing 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 envirorunental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an P,nvironrnemal Cleanup- Borrower shall nut cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the.Propmy. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (e) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. Tice pru;cding 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 residetimtial uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any unvestigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Properly and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or thereat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release: of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other rernediation of any Iazardous Substance; affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Leader for an Environmental Cleanup. -61wv1 tooosi rnyu cs of 15 Form 3051 1/01 L l 'd I L 2 969 zD 'ON XVI 01W 3WOH OONV, S113M WV 60 : L0 NOW 100240-NAf 0 737.N 4 ST *300d (3 3 6 E1:ee tie, be Nnr [YON-UNIFORM COVENANTS. Burrower 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 agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify. (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform llorrowcr of the right to reinstate after acceleration and the right to bring a court action to ayscrt the non-existence of a default or any other defense of Borrower to acceleration 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 fall of all sums secured by this Security Instrument without further demand and may invoice the powv-r of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' few and costs of title evidence. If Lender Invokes the power of sale, Lender shall give notice of intent to foreclose to Burrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15, Lender shall publish the notice of sale, and the Property shall be sold in the mariner 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 lituited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrurr cmt, Lender shall release this Security Instrurn nt. Borrower shall pay any recordation costs. Lender may charge Borrower a Ice for releasing this Security instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. (M®stwv) boor) Page. 13 of 15 Ifurl Form 3051 1/01 8 t 'd U le 969 ZOb 'ON XV. 3WOH O VA S113M WV MLO NCIM-b0-Nflf X33° 6I.30dd ET :e0 Z0, t?e Nnr BY SIGNING BELOW, Borrower accepts and agrees to the tarns and wvvnants contained in this Security Mslrunient and in any Rider executed by Borrower and recorded with it. Witnesses: RANDAL J xg KA (Seal) Burrower (Seal) PAMELA J KR KA -Burrower (00(wy) 10005) - (Scat) -Borrower - (Seal) -Borrower - (Seal) -Burrower Page 1,1 of 15 - (Seal) -Bou'owor (Seal) ••Borruwur (Seal) -Borrower Form 3051 1/01 61 'd U2 12 969 K0 'ON Xd3 01W 3WOH 00Nd3 S113M WV 60 : L0 NOW 1002-M-NAP 08 73714 8 3 8 0z'30dd 2T:80 TO, 00 Nnf STATE OF WYOMING, i 3we.6LOaA-e~ cUlillly Sti; The foregoing instrument was a-knowI dged before me this JUNE 04, 2001 by RANDAL J HRUSKA AND PAMgLA J HRUSKA My COnlmission Expires: tzt, t ~ , FSTACY . MACHCINSKI•NOTARYPUBLIC of State of er Wyoming mtsslon xplres Dec.11r 2002 GGiWYI 10006) Nutury . btic PNpm 16 of t; Form 3051 1/01 H 'd Ula 9£S KO 'ON XV. Mid SWOH OONV. S113M WV *L0 N= V0-Nnf L0'39dd r ^ ALTA COMMiTmEmT - 1982 - WY M. M ~~3`3 L0:80 Z0, b0 Nnf Cortunitment No.: FA 7764 OM SCHEDULE C The land referred to in this commitment is situated in the State of Wyoming, County of Uncoln, and is described as follows: Parcel 1 The N%S34SWWK of Section 8, T30N R118W of the 6th P.M., Lincoln County, Wyoming. Parcel 2 The S%NMSW%NWx/, of Section 8, T30N R118W of the 6th P.M. , Lincoln, County, Wyoming. LESS AND EXCEPT the land contained in Warranty Deed recorded October 6, 1949 in Hook 27 of Deeds on page 287 of records of the Lincoln County Clerk, 11191 /1~ ell LO 'd iL2 9£5 KO °ON Xd3 1W 3WOH 00V3 SI03M WV 99:90 NOW 10240-Nn J 8769969 Z0'39dd 840 TV:80 Z0, PO Nflf 14FR-3170-1 1-4 ,FAMILY IDER (Assignment of ents) THIS 1-4 FAMILY RIDER is made this 4TH day of JUNE, 2001 and is incorporated into and shall be deemed to around and supp)cmcnt the Mortgage, Decd of 't'rust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (Ilan "Borrower") to secure Borrower's Note toWELLS FARGO HOME MORTGAGE, INC. (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 76296 U.S. HIGHWAY 09, SMOOT, WY 83126 (Pruporty Address] 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADD17`10NAL I'RUp)MR7'Y 5UtiJ!'`.C'1 TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they arc fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or 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, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part Of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instnunent as the "Property." MULTISTATE 1- 4 FAMILY RIDER - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Initials: Page 1 of 4 Q/) J form 3170 1/01 gb-57R (0008) VMP MORTGAGE FORMS - (800)521.7291 eO 'd I L2 US ZOb 'ON X~ ~ 3WOH MVO S113M WV H : LO WM10-Nnf M M 0 ` 41 20'30Ud TP :80 10. b0 Nflf B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or snake a change in the use of rite Property or its Zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Wider's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance: against rent loss in addition to the other haiards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section G concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender'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 executu new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. If. ASSIGNMN;N'I' OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION, Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default pursuant to Section 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 an assignment for additional security only, If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rems of the Property; (iii) Initials: & (=,-57R (0008) Pa9e 2 of 4 orm 3170 t'/01 £0 'd t L ti Z 9£5 2D 'ON Xd3 1W 3WOH OONVJ S113M WV Z£ :1.0 NOW 10H40-NAf osvs,Y1 VO'30ad EP:GO TO, bO Nnr borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Leader or Lender's agents upon Lender's written dernand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Ixuder or Lender's agents shall be applied 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 maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and than to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) I~.~rtder shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property arc not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall beco►ne indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or L.cmdcx's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Leader, 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 default or invalidate any other right or remedy of Under. This assig►unent of Rents of the Property shall tern-dnates when all the sums secured by the Security Instrument are paid in full. 1. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. d=-57R (0008) Page 3 of 4 Initials: Form 317 1 /01 ~0 'd 1L2 969 KO 'ON Xd3 11 3WOH MU S113M WV 66: LO N~~-bO-Nor 343 se'300d Zb:80 TO, be Nnr BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained ill this 1-4 Family Rider. (Seal) _ (Seal) RANDAL J HRUB rower PA' MELA J HRU -borrower _ (Seal) -Borrowcr (0-57R (00081 - (Seal) -Borrower - (Seal) •Borrowcr Page 4 of 4 - (Seal) -11orrowcr (Seal) -burrower - (Seal) -Borruwu Form 3170 1101 50 'd ILIZ 9CS ZOb 'ON XVA OIW HWOH MEVA S112M WV £E:LO NOW IOOZ-bO-NAf J