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HomeMy WebLinkAbout892572P, eturn To: W~LLI~ FA~t(~O IlOM~ MORTOA(]E, INC. 3601 MIITR~I;OTA DR- Su'ITE 200 BLOOMIN{;TON, IEN 55435 By: 8 9 2 5 */2 WELLS FAR~0 HOKg MORTGAGIL INC. 1919 DOUCTuAS,, OM:~H~, NB 681010000 ~OOK ~L pR PAGE ._ For JP.~r {~g MORTGAGE REOEWED L~NGOLN COUNTY CLERK 03 ~,UG 18 Pi~ 2: I 0 DEFINITIONs Words wed in multiple sections of this doeummt are defined below and other words arc defined in Sections 9, 11, 13, 18, 20 and 21. C~rtain rule~ r~garding the usag= of words used in this document arc also provided in Section 16. (A) "$ecuritl Instrument" means this document, which is datcdAUGUST la, 2003 , together with all Pdders to this document. (B) 'TBorrowe, r" is ILT~ J ZENOER JR AND JUANA CASTZ~LO zZNGER, III~SBAIiD AND WIFR Borrower is thc mortgagor under this Security Instrument. (C) "Lender" i~ wllr~r.5 FARiaO iio~ tiORTGA~X, INt'. Lender is a CORPORATION organi~:l and exi;tin§ under tile laws of THE $TAT~ OF CALI~'ORNIA 0028472074 WYOMING-Slogle Family-Fannie Mae/F~ddie Mac UNIFORM INGTRUMENT Form 30S1 1/01 Lender'i address i$ P,O. sox 3.0304, DBS MO~S, IA 503060304 ~nd~ is ~e mo~M~ under ~s S~ufity ~) "~ote" m~ ~c pro~sso~ no~ s[~ by ~ow~ ~d dat~UGUST 1.3, 2003 ~c No~ ~a~ ~at Bo~wer owes ~dcr O~ ~ 00/~00 Do~s (U.S. $.--*112,~o0,00 ) pi~ ~ter~, Bo~w~ h~ pw~s~ to p~y ~ d~z ~ ~lar ~fl~ic Pa~en~ ~d to pay ~e debt in ~11 not lair Pro~ny." (~ "Loan" ~ ~e debt ~iden~ by due ~der ~e Note, ~d ~1 s~ due ~der Rid~ ~= to be ~ut~ by ~ow~ [&~k box ~ ~pli~le]: S Adj~able Ram ~dor ~ Condo~i~ ~der ~ ~nd Ho~ Rider B~n Ri~ ~ Pl~ UEt Dcvgop~t ~d~ l~ F~V Rider ~ VA Rider ~ Biwee~y Pa~t ~der O~r(s) [sp~i~] ~anufac~ured Home Rider (H) "Applicable Law" me~s all controlling applicable federal, mate and local statutes, x~gulationz, ordinances and administrative r~les and orders (that have the effect or law) as well u ~11 applicable fmal. non-appealable judicial ophtions. (1) 'lCnmmunity Association Dues, Fees, and Asses~mentz" mcan~ ali dues. fe~i, asse.ssments and o~her charges that are imposed on Borrower or the Prope~. by a condominium association, homeowners association or similar or§anizalion. (3) "Eltetronic Funds Transfer" means an}, transfer of funds, othez than s transaction originated by check, ckaft, or similar paper instrument, which is initiated through ~ electrozfic U:rminal, telephonic instrument, computer, or magnetic rope so as to order, i~strucc, or authorize a financial institution to debit or credit an account. Such tzrrn in¢lude~, but is not limited to, point-of-salt u-amfcrs, automated teller machine ~ransactions. transfer~ initla[ed by telephone, wire tranafers, and automated dear,n/house transfers. (IO "Escrow Items" means tho~ items ,hat are described in Section 3. (L) ,,Miscellaneous Proceed,s" meanz a~y compensation,' settlement, award of darnagm, or procctxis paid by any third pany (other than insurance proceeds paid under thc coverers described in S~ion $) for: (i) damage w, or ciestmction of, thc Property; (ii) condcrnnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (i¥) misrepresentation~ of, or omissions as to, the value and/or condition of the Property. ('RD "Mortgage Ini~rance" means insurance protecting Lender agalllst the nonpayw, cnt of, or default on, (N) "Periodic Payment" means the regularly scheduled nmoun~ due for (i) prindpal and interest under the No~, pl~s (ii) any amounts under Section 3 of this Security Instrumenn (O) "RESPI" means the Real £state Setr. lement Proc~iure. s Ac[ (11 U.$.C. Section 2601 et seq.) and its implen'~-'nting rel~lation, Regular,un X (24 C.F.R. Pan 3500), ~s they might be amended from time to time, or any additional or successor legislation or re/ulation that governs the same subject matter. As used ia this Security Instrument. "RESPA" rulers to all r~;iuir~ments and restrictions that are imposed in regard to a "federally related mortgage lonn" even if ~e Loan does not qualify ns s "federally related mortgage loan" under RESPA. ~6(WY) (ooo6) p~,, 2 M 16 Form 3061 1101 (P) "Successor in Interest of Borrows" means any party tha~ has taken title to ~he Property, whether or not that parry ha~ az~r, cd Borrower's obligations under the Note ~d/or this Securi~ Instrument. TRANSFER O1~ RIGHTS IN THE PROPERTY This S~;uriry l. nm'ument secures to Lender: (|) the repayment of the Loan, and all renewals, extensions and modifications of ~¢ Note; and (ii) the performauce of Borrower's covenanls ~nd agreements ~der this Security Instrument and ~e Note, For thi~ purpose, Borrower does her=by monpge, grant and convey to Lender and k'nder's successors and assilas, with power of sale, thc following described property Io~ated in the C0Olq're of ~-xa*COIZ : [Type 'o£ P,~ordinI Sudsdicdon] [N~un~ o! lie,'ding hrlsdicflon] Y.OT 11 OF ~ RO2RRT UOOX$1 I~TI~01:~ ;lmDIVl$'r01~, l, IlqCO7~ COUlqI'Y, Wl'ON/~, A~ DN$Cl~RED ON TI~ O~PICIAL I~LAT TH~I~OF. Manufactured Dace 08/01/2001 Serial Numbe; 4539426 IDA 198079 & 221 TAX STATEMEh~S 9~OULD BE gEI~T TO, W~LLS FARGO ROME MORT~A~R, INC., P.O. BOX 10304, DES MOINES, IA $03060]~4 P~c~lDNumber: 123781829402222.00 266 SANI~LL ROAD ("Prope~y Address"): which currently ha~ the address of Wyomi~ an. aa (z~p TOGETHER WITH ell the improvements now or hereafter erected on the protmry, ~-d easements, appurtenances, and fixtures now or her~fter a pm of the property. All replacements and additio~ shall also be covered by this Security Insmunent. All of thc forqoing is referred to in this Security Instrument ~ thc "Property." BORROWER COVENANTS r, hat Borrower is lawfully sei-~ed of the estate hereby conveyed and thc right to mortgage, grant and convey the Property and thai the Property is unencumbered, except for ~ncumbrances of record. Borrower warrant~ and will defend generally the title to ~he 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 varialions by jurisdiction to constitute a uniform security immanent covering real property, UNIFORM COVENANTS. Borrower and Lender covenan~ and air~ as follows: 1, Payment of Principal, Interest~ Escrow Items, Prepayment Charges~ and Late Charles. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and Isle charg~ due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Sectio~l 3. Payments due under the Note and this Security Insum~t shall be made in U.S. currency. However, if any check Or other in~tnh-n~nt received by Lender as payment under thc No~e or this I{~-6(WY) {ooos~ ~'~o, ~ o~ ~ ~ F~nn 3051 1101 Securizy Instrument is returned to T ~nder unpaid, Lender may require that any or all ~bsequent paymenLs due under the Note and this Security Instrumcnt be zoade in one or more of the following forms, s~ selected by Lender: (a) cash; Co) money order; (c) certified c~eck, bank check, treasurer's check or cagaier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal ~cncy, instrumeuiallt'y, or en~i~y; or (d) Elec~wuic Nunds Transfer. Payments are deemed received by Lender when received at u~e location dcal~enstcd in the Note or at luch other location as may be designated by Lender in accordance with the notice pwvisions in Section 15. Lender may return any payment or partial payment if the paymen~ or partial payments are in.mfficient lo bring the Loan current. Lender may accept any payment or partial paymc~ insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to ils fights to refuse such payment or partial payrnc-nts in the future, but Lender is not obligated to apply such payments at the time such payments arc accepted. If each Periodic Payment is applied as of i~s scheduled due date, then I..cndcr need not pay interest'on unapp[ied funds. ;Lender may hold such unapplied f'und~ until Borrower makes paymen~ to bring thc Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return th~n co Borrower. If not applied earlier, such funds will be applied to th~ o~tsumding principal balance under the Note immediately prior to fo~closure. No offset or claim which Borrower might have now or in the future against Leader shall relieve Borrower from r, tsld,$ payments due under the Note and this Securhy Ins~rumcm or performing the covenants and agreements secured by this Security 2, Application of Payments or Proceeds. I~xcep£ a~ otherwise described in this Section 2. all payments accepted and applied by Lender shall be applied in the following order of priority: (a) intere.~ due under the Note; (b) principal due under thc Note; (c) amounts due under Section $. Such payments shall be applied to each Periodic Payment in the order In which it bccan~ due. Ally remaining amounts shall be applied first to late charges, second to any other amounts due under ~his Security lnstmrneut, and then to reduce the principal balance of the Note. If Lender receiv~ a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payn~cnt may be applied to the delinquent payment and the late charge. If mor~ than one Periodic Payment is outstanding, Lender may ~ply any payment received from Borrower to the repayment of ~he Periodic Paymen~ if, and to the extent that, ~ payment ca~ be paid in full. To the extent chat any e~ccss exists after the payl'n~t is applied to the full payment of one or mor~ Periodic Payments, such eXce~s may be applied to any lax¢ char§cs duc. Voluntary prepayments shall be applied first to any prcpaym~.'nt charges and then ss described in the Note. Any application of payments, fluurance proceeds, Or Miscellaneous Proceeds to principal due under the No~c shall not ex~end or postpone ~he due da~e, or change thc amounl, Of the Periodic Payments. 3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under ~e Note, un~il the Note is paid in foil, a sum (thc 'Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can ansan priority over this Security Insu'ulent as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on thc Property, if any; (c) premiums for any and all insurance r~-quired by Lender under Scctinn 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of th~ payment of Mortgage Insurance premiums in aCCOrdance with the provisions of Section I0. These in,ms arc csllcd 'Escrow Items.' At oritinstlon or at any time during the term of the Loan, Lender may require that Community Associaiion Dues, Fees. and Assessments, if any, be escrowed by Borrower, and such dues, fccs and assessments shall be an Escrow Imm. Borrower shall promptly furnish lo Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender thc Fund~ for Escrow Ilems imless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's oblilation to pay ~o I..cnder Fu~d.s for any or all Escrow lte~ns a~ any time. Any such waiver may only bc in writing. In the event of such waiver, Borrower shall pay direclly, when and where payable, the amounts 222 F~rm 3051 1101 223 due for any Escrow Items for which payment of Funds has been waived by Leilder and, if Lende£ require, shall furnish to Lender receipts evidencing suah payment, within such time period as Lender may require. Borrower's obligation to make such Payments and to provide receipts shall for ail purposes be deemed to be a covenant and agreement contained in this Security instrument, as the phrase "covenant and agreement" is us~ in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant lO a waiver, and Borrower fails to pay the amount duc for an Escrow Item, Lender may exerci.qe its fights m~der Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amoun[, lender may revoke the waiver ns to any or alt Escrow Items at any ~ by a notice given in accordance with Section 15 and, upon such revocation, Borrower shag[ pay to l~er ail Funds, and in such amounts, that are then required under this Section 3. Lender may, at ;my time, collect and hold Flmds in an amount (a) sufficient to permit Lender to apply the Funds at hie time specified Under RESPA, and Co) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Pund~ due on the basis of current dltta and reasonable estinlates of expenditures of future ]~scrow Itema or otherwise in accordance with Applicable Law. The Ftmds shall be held in aa institution whose deposits are insured by a federal agency, insu'umentall~, or entity (including Lender, if Lender is an institution whose deposits nrc so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no Inter than the tirr~ specified under RESPA. Lender sl~l not chargc Borrower for holding and applyillg the Fund~. annually analyzing the escrow account, or vefifyklg the Escrow lterr~, unless Lender pays Borrower interest on the Funds and Applicable Law permks Lender to make such a charge. Unless art agreetllent is made in w~iting or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or eaminls on the Fund~. Borrower and Lender can agile in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Fund~ a~ requircd by RESPA. If there is a surplus of Funds held in escrow, as defined under RI/SPA, Lender shall account to BorrOwer for the excess fund~ in accordance with RESPA. If there is a shortage of Funds held in escrow, ns defined under RESPA, Lender shall notify Borrower as r~uired by RESPA, and Borrower shall pay to Lender the amount nec~sary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escww, ns defined under RESPA, Lender shall notify Borrower as required by RESPA. and Borrower shall pay to Lender the amount necessary ~o 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 lnstnm~nt, Lender .shall promptly refund to Borrower any Funds held by Lender, 4, Charges; Lie~s. Borrower shall pay ail taxes, assessments, charge, fines, and impositions attributable to lhe Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the PropertT, if any, and Community Association Dues, Fees, and Assessments, if any. To the ext~nt thai these kemi are Escrow Items, Borrower shall pay them in the mnnner provided in Section 3. Borrower shall prompdy discharge any lien which has priority over this Security Instntment unless Borrower: (~) sgrec~ in writing to the payInent of the obligation secured by the lien in a xrumner acceptable ~o l_~nder, but only so long ns Borrower is performing such agreement; Co) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinlon operate lo prey=at thc enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the Ilea. an agreement satisfactory to Lender subordinating the lien to this Sec~ty Instrument. If lender daermines tha~ any pan of the P~-openy i.s ~ubject to a lien which can attain priority over this Security Instrument. Lender may give Borrower a notice identifying the (~,-6{WYI moos) p,~, s ~l ~ F~rm :~01;1 1101 lien. Within 10 days of the date on which that notice i~ give, Borrower shall satisfy the lien or t~ke one or more of the actions set forth above in this $~CLion 4. Lender may require Borrower to pay a one-time charge for a real es~e tax verification and/or reporting s~rvice used by Lender in connection with this Loan. g. Property Insurance, Borrower shall keep the improvements now existing or hereafter c~ected on the Property irtsured against loss by fire, hazards included within the term 'extended coverage,u and any other hazards includiml, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance sbttll be r~aincained in the alltoums (including deductible levels) and for thc periods that Lender requires. What Lender requires pursuant co the pr~.eding sentences can chsn§e durin~ the term of the Loan. The insurance carrier providing the insurance shall bo chost~ by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may re-quire Borrower to pay, in connection with this LOa~, either: (a)a one-time charge for flood zone d~termlnation, certification and tracking services: or (b) a one-time charle for flood zone determination and certificatioD services and subsequent charfles each time remapping8 or similar cluagcs occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal ~ner§ency Managemm3t Agency in connection with the review of any flood zone dctern'g, nation lc.suiting from mi objection by Borrower. · If Borrower fails to main~in any of the coverages described above, Lender may obtain insurallce coveraze~ at Lender's option and Borrower's expell~. Lender is trader no obligation m purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Rorrower, Borrower's equity in the Property, or thc contents of th~ Property, against any risk, hazard or liabilit~ and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coveral~¢ so obrs;ned might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disburs~ by l,~der under this Section $ shall become additional debt of Borrower secured by this Security Insuument. These amounts shall bear interest at the Note rate from the date of disbur~en~nt and shall be payable, with such interest, upon notice from Lender to Borrower r~lucsting 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 Lender as mortgagee and/or as an additional loss payee. Lender shall have the fight to lmld the policies and x~newal certificates. If Lender requires, Borrower shall promptly give to Lender all receipm of paid prcmiurrm and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for ,i~m~ge to, or de.qtmcdofl of, the Property, such policy shall include a standard ronrtgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss. Borrower shall give prompt xxoticc ~o thc insurance carrier and I~der. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and BOtTOwcr otherwise agree in writing, arty insurance proceeds, whether or not the underlying insurance was required by L.~-nder, shall be applted to restoration or repair of the Property, if the restoration or rcpalx is economicslly feasible ami Lender's security is not lessened. During such repair and restoration period, ~ ,-,~er shall have the right to hold such insurance proceeds ~nti! Lender has had an opportunity to inspect such Property to ensure the work has been completed to I~nder's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs i and restoration in a single payment or in a series of prolress payr~nts as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, LL-ndcr shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third panics, retained by Borrower shall not bo paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lc3uler's scc3Lrity ~ould be lessened, the insurance proceeds shall be applied to the sums secured by this Security I~, whether or not then due. with P.~o o ot ~6 Form ~051 3101 the excess, if. any, paid io Borrower. Such insurance pwcecds shall be applied in the order provided for in SecQon 2, If BorrOwer abandons the Property, Lender may file, negotiate md settle any available insurance claim and related mar, ers. If Borrower docs not respond withi~ 30 days to a ~iodce from Lender that the insurance carrier has offered to senle 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 Le~der ~xluires thc Property under SecQon 22 or otherwise, Borrower hereby assigns to I~nder (a) Borrower's rights to any insuranc~ proceeds in an amount not to exceed the amounts unpaid under the Nora or this 5ec'udty hstrumenr, and (b) any other of Borrower's ri/~hts (other Than the fight to eny refund of untamed premiums paid by Borrower) under all insurance policies coverin~ the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance pwceeds either to repair or restore the Ih'operty or to pay amounts unpaid under the Note or this Security Insu'ument, whether or nm th,~n duc. 6, Occupancy, Borrower shall occ~y, establish, and use the Property as Borrower's principal r~idencc within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one yea~ after the date of occupancy, unleu Lender otherwise agrees in writil~g, which consent shaft not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7, Preservation, Maintenance and Protection of the Property~ Inspection. Borrower sl~ll not destroy, damage or impair die Property, allow the Propcrt~ to deteriorate or commit waste on the Proper~y. Whc-~hcr or not Borrower is residing in the Property, Borrower shall maintain thc Property in order to prevent the Property from deleriorating or decreasing in value due to it~ condition. Unless it is cletenrdned pursuant to Sec~ton ~ that repair or restoration is not economically feasible, Borrower shall promptly repair the Properly if dsmag~ to avoid further deterioration o~ damage. If insurance or condemnation proceeds arc paid in COunecQon with damage to, or lhe taking of, the Property, Borrower shall be reR)onsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lendcr may dish,se proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds arc hoc efficient to repair or restore the Properv/. Borrower is not relieved of Borrower's obligation for the completion of such repair or r~oratiml. Lender or its agent may make reasonable entries upo~ and inspections of the Proper~y. If it has re.~onable cause, Lender may inspect the interior of the lmprov~atcnu on thc ProI~-ny. Lender shall, give Borrower notice st thc time of or prior to such an inlerior inspection specifying such reuonsblc 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 thc directio~ of Borrower or wi~h Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loau. Material representations include, but are not limited to. reprcsentation~ conccminl Borrower's occupancy of the Property as Borrower's principal r~idence. 9. Protection o1' Lender's Interest in the Property and Rigi~ts Under this Security Instrument. If (a) Borrower fails to perform the covenants md agreements contained in this Security Instmm~t, 00) there is a l~gal proceedint~ d~t might significantly affect Lender's interu~ in the Pwperty and~or rights under this Security Instrument (such as s proccccling in bankruptcy, probate, for coudemnadon or forfeiture, for enforcement of a llen which may attain priority over this Security Instrun~nt or to enforce laws or regulations), or (c) Borrower bas abandoned the Properly, then Lender may do and pay for .whatever is reasonable or appropriate to protect L~dcr's interest in the Property and fiSbis under d~is Security Instrument, including p~otecting and/or assessing the value of the Propel'ty, md securing and/or repairing the Property. Lender's actions can include, bu~ are nor limited to: (a) paying any sums secured by a lien which has priority over this Security lnsu'ument; (b) appearing in court; and (e) paying reasonable 225 (~-$¢WY! ~ooost ~, ? ~ ~ Form 3061 1/01 22G attorneys' fees m protect its interest in the Property and/or figl~ts under this Securi~/Insmunent, including its s~.~rcd position in a b..t-r~ptcy proceeding. Securin~ ~he Property includes, bu~ is no~ limi~d to, ~terin~ the Property to make r~pairs, change locks, r~place or board up doors and windows, dr-,~ wau~r fiom pipes, eliminale building or other code violations or dangerous conditions, and have utilities ~rned 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 taldng any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section '9 shall bemme additional debt of Borrower secured by this Security Instrument. These amounts shall bear interes~ at the Note ra~e from the da~e of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Secarity Insu'ument is on a leasehold, Borrower shall comply with all die provisions of the lease. If Borrower acquires fcc rifle to die Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. . 10.]~Iortllage Insurance. If Lcndm: required Mortgage Insurance ~s a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effeci. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the morlgagc insurer thai previously provided such insurance and Borrower was required to make separa?ly designa~d payraen~s toward the premiunu for Mortgage Insurance, Borrowcs shall pay the premmms required to obtain coverage subsumtially oquivale~[ to the Mortgage Insurance previously iu effect, at a cost subs~utially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from a~ shemate · mortgage insurer selected by Lender. If substantially equiv~lem Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the smount of thc separately designated payrolls that wcrc due when the insurance coverage ceased to be in effect. Lender will accopl, use and retain these payments as a non-refundable loss reserve in lieu of Mortgsge Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact dial thc Loan is ultima~ely paid in full, and Lender shall not be required to pay Borrower any interest or ear~ings on such loss relerve. Lender can no lonler require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period disi Lender requires) provided by an insurer selected by Lender again beco~hes available, is obtained, and Lender requires separately designaed payments ~owsrd the premiums for Mongale Insurance. If I-under required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separalely designated payments toward the premiums for Mortgage Insurance, Borrower shsll pay the premiums required .to m~intain Mortgage Insurance in effect, or to provide a non-refimdable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such t~uv~ination or until, termination is required by Applicable Law. Nothing in gtis S~c~ion I0 affects Borrower's obligation ~o pay interes~ at the rsie provided in thc Nom. Mortgage Insurance reimburses Lender (or any entity d~at purchases, thc Note) for ccmfin losses it may incur if Borrower does ~ot repay the Loan as agreed. Borrower is not a party ~o the Mortgage Mortgage insurer~ evaluate their total risk on all such insurance in force from time lo tim~, stat may enter into a~reemen,, with other panics that share or modify ~heir risk, or reduce losses. These agre. cm,mts are on terms and conditions [ha are satisfactory to die mortgage insurer and the other party (or panies) to these agreements. These agreements may require tho mortgage insurer ~o 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 agreemcnt~, Lender, any purchaser of the No~e, 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 Im'urancc, in exchange for sharing or modif)'ing the mortgage insurer's risk, or reducing losses. If such agreem~t provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of thc premiums paid to the insurer, the arrangement is often termed "captive reinsurance." F. urlhcr: (a) Any such agreements will not affect the amounts thai Borrower has agreed to pay for Mortgage' Insurance, or any other terms of the Loan. Such a~re~m_~ ,~ts will not in,tease tha amount Borrower will owe for Mortgage I. usurance, and they will not entitle Borrower to any retired. (~-6(WY) moos) I'~. t o~ ~s Form 30S1 1101 227 CO) .$ny such agreements will not affect the fights Borrower has - il any - with rcsl)Kt to the Mortgage Im-urance ~rader the Homeowners Protection Ac[ of 19~ or any o~er law. Th~sc ri~ts may include the right to receive eerta~ disclosures, to r~lucst and oblain cancellation of th, Morigage Insm-ance, to have the Mortgage ~ance t~ninatc, d automatically, and/or to receive n refund of say Mortgage I~qu'ance prim[tuns that were unearned at the time of ~uch cancellation or terminalio~. 11, Assilpunent of Miscellaneous Pro~eecls; Forfeiture. All Miscellaneous Ploc.~eds are hereby · ~ssi~n~ to and shall be paid to Lender. If the Property is d~rn~§ed, such MiSCellaneous Proceeds shall be applied m r~toraiion or repair of the Proper~y, if the rcitoration or repair is economically feasible and Lender's security is not t~sened. During such repair and re~toration period, Lender shall have lhe fight to hold such Miscell,neou~ Proceeds until Lender has .had an opportunity ~o '.~pect such Property ro ensure ~he w.ork, h~ bc~n completed .to Lender's salisfacfion, provided that such inspection shall .be under[aken prompuy. ~cnaer may pay mr me repairs and restoration in s single disbur~enle~t or in~ a series of prol~ss payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required m pay Borrower any interest or earnings on ~uch Miscellaneous Proceeds. If the restoration or repair is not cconomicelly feasible or Leader's security would be lessened, ~he Miscellaneous Proceeds shall be appli~ to the ~ms secured by [his Security In.scmment, whether or not th~n due, with the excess, if any, paid to Borrower. Such Miscellaneous ProceSs shall be applied in thc order pro~ided for in .%etlon 2. In the event of a total' taking, des~raccion, or loss in value of fl~ Propeny, the Miscellaueou~ Proceeds shall be appli~ to the sums secured by ~is Security Ivztmmcnt, whether or not ~hen due, with the excess, if any, paid to Borrower. In ~ event of a ]~artial taking, dear. motion, or Joss in value of the Prope~j in which the fair m~rket value of the Propcr~¥ immediately before the p~-r. ial taking, destmcfiun, or loss in value is equal to or greater than the amount of ~he sums secured by chis $ccurtiy lnslxument immediately before the par~lzl taking, de~tmction, or loss in value, unless Borrower a~d Lender otherwise agr~ in writing, the sums secured by this ~,c'curlty Instrument shall be recluced by the amount of the Miscellaneous Proceeds multiplied by ~he following fraction: (a) the total amount of thc sums secured immediately beforo the parti~l t.~king, detraction, or 1o~ in value divided by Co) the fair market value of the Property immediately before The partial t~ing, destrac~ion, or loss in value. Any balance shall be paid to Borrower. In The e~enl of a partial taking, demuctio~, or loss in value of the l)roperry in which/be fair mark~ value of the Property immediately before the partial ~.i~g, d~trucxion, or loss in value is l~s than The amOUnt of the ~rns secured immectlatel¥ before the partial ~aking, d(~miclion, or loss in value, unless Borrower and Lender other~'/tse agree in writing, the Miscell~ueous Proc. ee.~ shall be applied to the sums secured by this ~curity Instrument whether or not the sums are then duc. It' the Properg' is abandon~ by Borrower, or if, after notice by lander ~o Bon'ower tha~ the Opposing Ps_ny (as defined in the next senten~) offcr~ to make an award m senle a claim for Borrower fails to respond to Lender within 30 days after th~ dace the no~lce is given, Lender is an[hoflzed to collect and apply [he Miscellaneous Proceecls either to re, roTaTiOn or repair of the Property or to the sums secured by this Sec~ity in~rurnent, whether or not [hen due. "Opposing Part'y" mc~ns the third thai owe~ Borrower Miscellaneous Proceeds or the party agalmt whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceedJng, wh~her civil or criminll, Is begun ~hsr, in Lender's jt~dgrr~nt, could result in forfeiture of [he PrOl~r~y or other mat~ial impairment of l_tnder's interest in the Pl'openy or righT.1 under this Security l~stmmcnt. Borrower can ~ure ruchs default and, if acceleration l~s ocairred, r~ins-~e ~s provided in Section 19, by causing the action or proceeding to be dismissed with a rating [hat, in Lender's judgment, pr~ud~ forfeiture of ~he Property or o~her martial impairment of Lender's in~ercs~ in thc Prol)crty or rights under this Security Instrument. The proceeds of any award or cl~im for damages that are attributable to the impairment of Lc~dcr's interest in h'~ l)rop~y are hereby a~si~ned and shall be paid to Leader. All Miscellaneous Proceeds that arc not. applied to restoration or repair of thc Property shall be applied in the order provided for in Section 2. d~-e(WY) ~oo61 ~,,~ 9 ~ ~ ~ Form 3051 1/0 1 12. Borrower Not Rdeased; Forbearance By 1.~atder Not a Waiver. Extension of the tim~ for payment or modification of amoriization of the rums secured by this Security Instrument granted by Lmder to Borrower or any Successor in Interest of Borrower shall not operate to release thc liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrum~at by reason of any a~-~,,d made by the original Borrower or any Successors in Interest of Borrower. Any forbearauce by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third tmrson$, entities or Succes.~ors in Interest of Borrower or in amounts l~ss than the amount then due, shall not be a waiver of or preclude the exercise of any right or rerriedy. 13. Joint ~nd Sev~ai Liability; Co-signers; S~ecessor$ and Assi~,m Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a 'co-si~'m~~): (a) is co-sl~ning this Security Instrument ouly to mortgage, grant and convey the co-signer's inmrest in th~ Property under the tcnm of this S~-ufity I~trun~nt: 0a) is no~ personally obliga~d to pay the sums secured by this Security Instrument; and (c) agrees that l.~mder and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the proviaions of Section 18, a~y Successor in Interest of Borrower who assumca Borrower's obligations under this S~-ttrity Instrument in writing, and is approv¢d by Lender, shall obtain all of Borrower's fights ;md be~fits under this Security Instrument. Borrower shall not be released from Borrower's obligations ami liability under this Security Instrument unless Lender agrees to tach release in writing. The covenants and agreements of this Security Insmun~t shall bind (except as provided in Section 120) and benefit the successors and assigns of Lender. 14. Loan Charges, Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest In the Property and rights under this Security Instrument, including, but nog iimit~l to, attorneys' fees, property inspection and. valuation In regard to any other fees, the abaen~ of expre-~s authority in this Security Instrument to cnarg~ a specmc fee to Borrower shall not he construed as a prohibition on the charging of such f~. Lender may not charge fce, s that are expresaly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum lban chargc$, and that law ia finally interpreted so that the interest or other loan char~os collected or ~o be collected in connection with the Loan exceed the permiu~ limits, then: (a) any such loan charge shall bi reduced by the amount necessay to reduce the charge to the permitted limit; and (b) any sums ~¢ady coUected from Borrower which exceeded pc'rmitted limits will be re~nded to Borrower. !,,ruder may choose to make this retired by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund' reduces principal, the reduction will be treated as a partial prepayment without any. prepaym~t charge (whether or mat a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payrv, ent to Borrower will constitute a waiver of any right of action Eorrower might have arising out of such overcharge. IS, Notices, All notices given by Borrower or Lender in connection with tiffs Security lnstnmaent m~t be In writing. Any notice to Borrower iu connection with this Security Instnan~t shall b~ d~med to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrowez shall consfltut$ notice re all Borrowers uvless Applicable Law expressly requires otherwise. The notice add~ss shall be thc Property Address unless Borrower has designated a substitute notice address by notic~ to Lender. Borrower shall promptly notify Londer of Borrower's change of add~ess. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a eh~ge of address through that specified procedure. There may be only one desigvs_ted notice address u.ud~ this Security Instrument at any one time. Any notice to Le~der shall be. given by delivering it or by mailing it by first class mail ~o Lender's a~dress stated herein unless Lender has designated another ~dress by notice to Borrower. An), notice in colm<tion with this Security Instrament shall not be deemed to hav{~ been given to Lender u~fil actually received by Leader. If any notice required by this Security Instrument ia also required under Applicable Law, th~ Applicable Law requlremeau will satisfy the cona~yonding requirement under this Security Instrument. 228 16, Governin$ Law; ,~erabilit~; Rules t~em~ by f~ law ~d ~e law of ~e j~fisdicdon A~li~ble Law. A~lic~le ~w ~t explici~y or ~lici~7 ~low ~tht be sil~. bu~ tach sil~cc sh~ no~ ~e ev~t ~a~ ~y pro.sion or cla~e of ~ ~ty l~t or ~e Note wnflias wi~ Appli~ble ~w, su~ ~i~ ~1 not ~t o~ pmvisi~s of ~s giv~ eff~t wight ~e co. icing pwvision. As u~ ~ ~h S~ ~ent: (s) wor~ of ~e ~ E~d~ sh~ ~ ~d ~clude ~ndlng neuter wo~s or wor~ of ~e feline g~d=; ~) wo~ in ~e s~ sh~l m~ md ~clude ~e plur~ ~d vice v~sa; ~d (c) ~e ~y ~tion. 17. Bo~ow~'s Copl. Bo~ow~r'sh~ ~ ~v~ on~ ~pl of ~e Nora ~d of ~is S~rlU ~~. 1~. ~ o[ the ~o~ or a B~e~ ~t~ In Bo~, ~ ~ ~ ~ts S~on 18, ~ in ~e Prope~y" ~ ~y le~fl or ~neficl~ ~t~ ~ ~c ~, ~clud~, but not l~t~ to, ~o~ b~eficifl ~tcr~s ~fermd in a ~nd for d~, ~ua~ ~r d~, ~t~cnt sfl~ ~t~a or ~w a~m~, ~c ~tcnt of whi~ Is ~e ~sfer of ti~e by ~ st s ~mre ~c to a p~. If ~ or ~y p~ of ~e ~op~ or ~y ~tere~ ~ ~ ~op~ is sold or ~f~ (or if ~w~ is not ~ nsm~ ~rmn ~a a be~ficifl tn~e~t in Bo~owcr i~ mid ~ u~f~) witovt ~d~'s pg~ ~ucn consent, ~nd~ ~y req~re ~ate Ins~em. However, ~s option ~h~ no~ Applicable Llw. If ~d~ exercises ~is ~on, ~nd~ ~h~l ~ve Bo~ow~ ~og~ of a~l~n. provide a ~od of not las ~ 30 ~ys tkom wi~ wMch Bo~ower must pay ~1 s~ s~ur~ by ~is ~ ~i. If ~ f~s to pay ~cu~y ~s~nt wi~out ~er no~ or d~d on Bo~ower. 17, Bo~ow~'s ~h~ to R~n~te Bo~w~ sh~ have ~c ri~t to have ~or~m~ p~or to ~e e~ll~ of: (s) fiv~ days before · ~ ~urity ~s~t; ~) sach o~er p~i~ ~ A~lictbie ~w ~t ~ for ~e e~on of ~rrower'~ ~t to r~ta~e; or (c) ent~ of c~ditio~ ~ ~at Bo~ow~: (a) pays ~d~r lns~nt ~d the Note ~ ~ no a~ler~tion h~ o~; ~) ~ ~Y ~lamt o~ ~ omer cov~ to. r~onsble aUomeys' fc~, prop~y ~ion t~ such ~tlon ~ ~nder ~y r~sonably r~ulre ~ts ~dcr ~S S~ty Ins~ent, ~U Bo~ower's obligation Instant, sh~l congnue unc~. ~nder ~xpcnses in one or ~re of ~e follo~l fo~, ~ ml~ by ~nd~: (a) c~h; ~)' monel ord.; (c) cenifi~ ch~k, b~ ~k, ~'s ~cck or c~hier's ~e~, ~vld~ ~ ins~imgon whose d~osi~ ~ ~ b~ s f~ra a~cy, ~~it~ or ~; or (d) ~rontc Fua~ T~fer, Upon ~i~t by Bo~ower, ~ Sc~ty lns~t md obli~sg~ ~ur~ h~by sh~l ~ain rally eff~ve ~ if no ack.ion hsd occu~. How~, ~s d~ht to r~mtate sh~l not apply ~ ~he ~ of a~l~a~on ~d~ S~ion 1 ~0. Sale or Notel ~e of ~ S~tcer; Nogce ~e Note (tosether ~ als ~ty l~t) ~ be soM one or ~ dines wi~ou~ prior noti~ to Bo~ower. A s~e ~h~ result ~ ~ ch~c in ~e ~tity ~o~ ~ ~e '~ S~") ~a~ coll~s Pe~odic Payers due un~ ~c Note ~d ~is S~urity ~s~t ~d perIo~ o~ mo~s~c 1o~ ~lc~ obli~a~o~ ~d~ ~c No~, ~is one or more ~ of ~ ~ S~i~ ~la~d to S~i~r, Bo~ower w~ be ~lven ~t~ noa~ of new ~ ~icer, ~e ~d~s m which p~ ~ould ~ ~e ~ ~ ~ ~o~lon ~SPA 229 -6iWY! tooom Form 30B1 1/01 requires in connection with a notice of transfer of servicinE. If the Note ia ,old and thin. after the Loan is serviced by a Loan Servicer other than the purchaser of the Note, thc montage loan servicing obligations to Borrower will r~main with the Loan Servicer or be Lransferred ~o a successor Loan Servicer and are no! asmime, d by the Note pUrchaser unless otherwise provided by ~hc Note pur~'~er. Neither Borrower nor Lender may commence, Join, or be joined to any judicial action (~ either an individual litiganz or the member of a class) that arises from the other pariy's actioos purp~snt to ~ Security Insu'ument or thai alleges that ~ otter party has breached any provision of, or any duty owed by reason of, this SeCurity Instnur,~'nt, until such Borrower or Lender has notified the oth~r pray (with such notice gi'~ in compliance with the requirements of Sectiolt 15) of such all~-[~ed breach and afforded the other party hereto a reasonable period after the giving of stw. h notice to tike. corrective a~tion. If Applicable Law provide~ a time period 'which must elapse before cerlain action can be ulken, ~hal time period will be d~med to be reaso~aable for pu~oses of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrow~ pursuant to Section 18 shall be deemed LO satisfy th~ nOtice ami opportuniiy to take corrective action provisiou's of this Section 20. 21. Hazardaus Substances. As used in this ~tion 21: (a) "Hazardou~ Substances" are. those substances defi~led as toxic or hazardous substances, pollutant~, or wastes by Environmental Law and the following substances: guoliu¢, kerosene, other flammable or toxic p~troleu~l products, toxic pesticides and herbicides, volatile solvents, materials containing asbeslos or fonnaldehyde, and radioactive n~erials; (b) "Envirom'ne~tal Law' means federal laws and laws of the jurisdiction where the Property ia local, ed that relate to health, safety or envLronulelttal protection; (c) "Environmental Cleanup' includes any response action, r~ial action, or removal ~ction, as defined in Environmental Law; and (d) an 'Environmenial Condition" m~ans a condition that can cause, contribute m, or otherwise u'igger an Bnvlronm~ntal Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage. Or release of any H~rdous Substances, or threat~' to.release any Hazardous Substances. on or in the Plupeny. Borrower shall ~ot do, nor allow anyone else w do, anythin~ affecting the Property (a) that is in violation of any lEnvlronmental Law, (b) which crea~es an t/nvironmen~l Condition, or (c) which, duc to the presewe, use, or release of a Hazardous Substance, creates a condition that adversely 'affecis th~ value of the Property. The preceding ~wo sentences shall not. apply to the presence, use. or slorage on th~ Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Propert~ (in¢]ud/nl/, but not limited to, h'~'~'dous substances in consumer produc~s). Borrower shall promptly give Lender wdrien notice of (a) any investilation, claim, demand, lawsuit or other action by any §overnm~nul or wguiatory agency or private party involving the PwI~r~y and any Hazardous Substance or' Environmental Law of which Borrow~ has a~al knowledge, (b) any Hnvironmental Condition, including but not limited to, any sp/llini, leaking, discharie, release or threat of release iof any Hazardous Substailce, and (c) any condition caused by the presence, use or release of a Hazardous Subs~nce which adversely affeas thc value of the Properly. If Borwwer learns, or is notified by any l/ovemmcntal or regulatory authority, or any pfiyal¢ party, thai any removal or other remediation of any Hazardous Sub~ance affectin~ the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with ~avironmental Law. Nothing herein shall create any obligation on Lender for an F. nvimnmental Cleanup. 23O (~)~-6('~rY) (0008) PN. 12 of 18 Form 3061 1/01 NON-UNIi~ORM COVENANTS. Borrower and Lender further covenan; and aircc as follows: 22. Accderation; Remedies. Lende~ shall give notice to BorFower prior to scceleration following Borrower*s breach of any cov~nnt or a~reement in this Security Instrmnent (but not prim' to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the defa~tl (b) the action required to cure the default; (c) a date, not less than 30 days from the data the notice/s ~JYen to ]~orrower, by which the default must be cured; and (d) that failure to cure the default on or before the date spedfied in the notice may r~'ult in acceleration of the sum~ secured by this Security Instrument and sale of the Property. The notice shall Further inform Borrower of the right to r~i*t~tate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to accderatton 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 fill] of ali s~rns secured by this Security Xnstrument without l%~rther demand and may invoke the power of sale and any other remedies per, fitted by Applicable Law. Lender shall be entitled to collect all ex~ incurred in pursuin_; the remcdlcs provided in this Section 22, inClOdin_~r, b~t slot limited to, reasonable attorneys' fees and costs ar title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to i~rro~er and to the person in possession of the Proporty, if different, in accordance with Applicable Law, Lender shall giye notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the ProperlT shall be sold in tl~ manlier px~:ribed by Applicable Law. Lender or its designee amy purchase the Property at any sale. The proceeds of the sale shall be applied in the follo3~n~ order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by ~tis Security Instrument; and (c) nny excess to the person or persons legally entitled to it. ?.3. Release. Upon payment of all s~ms secured by This Security Instrulnent, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Bon'ower a fcc for releasing this Security Inst~m~nt, but only if the fee is paid ~o a fltird party for services re~dered and thc char§in§ of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all riklis under and by virtue of the homestead ax~q~lion laws of Wyoming. 1/01 BY SIONING BELOW, Borrower accOp~s ~nd agre~ to the terms and covenalltS containod in this ~ccurity Instrument a~d in any Rider ex~uted by Borrower and recorded with it. C~TZLLO ~ -Borrower . '(Se~l) -~orrowcr (Seal) -BoFrow~ (Se~l) (seal) -Borrower -DoHower (Sea) (Seal) ,ROHOW~. .Bon~wor Form 3051 1101 ~ATE OF WYOMING, LINCOLN The foregoint~ instrument was acknowledged before mc O~ 13 th day C~mty ~; of August, 2003 233 My Commission Expires: November 4, 2006 lqo~rg l~bll* 305'1 1/01 234 'MANUFACTURED HOME RIDER TO THE MORTGAGE/DEED OF TRUST/SECURITY DEED This Rider is made this A~(}~ST 13, 2003 , and is incorporated into and amends and supplements the Mortgage/Deed of Trust/Security Deed (the "Security Instrument") of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to W~T.~.S FA~.(30 ~OM~ MO:RTGAG~, INC. (the "Lender") of the same date (the "Note") and covering the Property described in the SecuriW Instrument and located at: 266 SAWMILL ~OAD, ALPINE, WY 83128 {Property Address} Borrower and Lender agree that the Security Instrument is amended and supplemented to read as follows: The Property covered by the Security Instrument (referred to as "Property" in the Security Instrument) includes, but is,not limited to, the Manufactured Home (Serial Number, if required, ) affixed to the property legally described in the Security Instrument, B. Additional Covenants of Borrower Borrower will comply with all state and local laws and regulations regarding the affixafion of the Manufactured Home to the property described in the Security InStrument including, but not limited to, surrendering the Certificate of Title {if required) and obtaining the requisite governmental approval and accompanying documentation necessary'to classify the Manufactured Home as real property under state and local law. The Manufactured Home described above will be, at all times and for all purposes, permanently affixed to and part of the property described in the Security Instrument. Affixing the Manufactured Home to the property described in the Security Instrument does not violate any zoning laws or other local requirements applicable to manufactured homes. NMFL i~3322 03/01 Page I of 2 By signing below, Borrower accepts and agrees to the terms and covenants contained in this Manufactured Home Rider. (s~) (s~) -Borrower -Borrower (Se~t) (Scat) -Burrower -~ortowc~ STATE OF f~l~O~]:N(~ ) I$$- COUNTY O~: LINCOLN I l, the undersigned Notary Public, in and for the aforesaid State and County, do hereby certify that RIC~APm C Z~NGmR JR A~D JUANA CAST~LLO ZENG~R Borrower(s), personally appeared before me in said County and acknowledged the within instrument to be their act and deed. Given under mYJ3and and seal this 13~ day of ..... '-~otary pu~3lic ~__~/ My commission exPires: ~e~m~r 4. 2006 Page 2 of 2