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Home My WebLink About893623Return To: WELLS FARGO HOME MORTGAGE, INC. F .AL DOCUMENTS X4701-022 0 3601 MINNESOTA DRIVE BLOOMINGTON, MN 55435-5284 Prepared By: SHANE CLIFFORD WELLS FARGO HOME MORTGAGE, INC. 7333 S. HARDY DR. TEMPE, AZ 85283- L~;"'""f ' ~ ";T¥ .......... ., ?V CLERK :uoo : 53 [Space Above This Line For Recording Data] MORTGAGE 0132387101 DEFINITIONS Words used in multiple sections of this documenl are defined below and olher words are defined in Seclions 3. 11, 13, 18, 20 and 21. Cerlain rules regarding the usage or words used in this document are also provided in Section 16. (A) "Security Instrument" means this documenl, which is dated SEPTEMBER 19, 2003 together with all Riders to this document. (B) "Borrower" is PHILLIP M.,THATCHER AlXTD SHELBY M.,THATCHER HUSBAND AND WIFE Borrower is lhe mortgagor under this Security Instrumenl. (C} "Lender" is WELLS FARGO HOME MORTGAGE, INC. Lender is a Corporation organized and existing under the laws of THE STATE OF CALIFORNIA WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page I of lB Initials: ~/ FORM 3051 1101 ~;v,/Yo ! Rev 08/13/01 519 Lender's address is P. O. BOX 5137, DES MOINES, IA 50306-5137 Lender is the mortgagee under this Security Instrument. (D) "Note "means the promissory note signed by Borrower and dated SEPTEMBER 19, 2003. The Note states that Borrower owes Lender SIXTY-EIGHT THOUSAND AND NO/100 Doll'ars (U.Si $. .6.8,0.0.0..0.0. ............... ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than OCTOBER 1, 2018 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment 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 [check box as applicable]: r'~ Adjustable Rate Rider ~-~ Condominium Rider ~--~Second Home Rider ~-~ Balloon Rider [~ Planned Unit Development Rider ~1-4 Family Rider ~ VA Rider ~ Biweekly Payment Ride~ ~-~ Other(s) [specify] Prepayment Rider (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 applicabl.e, final, non-appealable judicial opinions. (I) "Community Association Dues, 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 transaction originated by check, draCt, 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-sale 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'' means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the PrOperty; (iii) conveyance in lieu of condemnation; 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 Settlement Procedures Act (12 U.s.c. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that SWY02 Rev 12/18/00 Page 2 of 18 Inilial~'~ FORM 3051 1101 governs the same subject matter. As used in lhis Security Inslrument, "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. (P) "Successor in Interest of Borrower" means 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 or 'the Note; and (ii) the performance of Borrower's convenants and agreements under this Security Instrumenl and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property located in the County of LINCOLN : [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LEGAL DESCRIPTION IS A'I-rACHED HERETO AS SCHEDULE "A" AND MADE A PART HEREOF. THIS IS A PURCHASE MONEY MORTGAGE, Parcel ID Number: which currently has lhe address of 1132 4TH WEST AVENUE [Street] KEMMERER [City], Wyoming 83101 [Zip Code] ("Property Address"): TOGETHER WITH all the improvemenls now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the properly. All replacements and additions shall also be covered by lhis Security Instrument. All of lhe 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 Properly and !hal the Property is unencumbered, except for encumbrances of record. Borrower warranls and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non- uniform covenants wilh limited variations by jurisdiction to constitute a uniform security instrument covering real property. Page 3 of ~8 Inilials: "~-~, FORM 3051 1/01 SWY03 Rev 11/06/00 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 amy prepayment charges and late charges due under the 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. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender 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 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) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the 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 1he Loan currentl without waiver of any rights hereunder or prejudice to 'its rights to refuse such payment or paflial 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 unapplied funds until Borrower makes payment to bring the Loan currenl. If Borrower does not do so within a reasonable period .of time, Le.nder shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from' making payments due under the Note and this Security Instrument or performing the covenanls and agreements secured by this Security Instrument. 2. Application o! 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 firsl to late charges, second to any other amounts due under this Security Instrument, and then 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 lo lhe delinquent payment and the late charge. If more than one Periodic Payment is oulstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full 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 then as described in the Note. SWY04 Rev 11/06/00 Page 4 of 18 FORM 3051 1101 522 Any applicalion or payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or poslpone 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 are due under the Nole, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) laxes and assessments and other items which can altain priority over this Security Instrument as a lien or encumbrance on lhe Property; (b) leasehold payments or gro.und rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower lo Lender in lieu of lhe payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Ilems." At originalion or at any lime during the term of the Loan, Lender may require that Communily Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and 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 Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligalion lo 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 due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipls evidencing such payment within such time period as Lender may require. Borrower's obligation lo make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreemenl contained in this Security Instrument, as the phrase "covenanl and agreement" is used in Section 9. If Borrower is obligated lo pay Escrow Items directly, pursuanl to a waiver, and Borrower fails 10 pay the amount due for an Escrow Item, Lender may exercise ils rights under Section 9 and pay such amount and Borrower shall then be obligated under Section g to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, al any time, collect and hold Funds in an amount (a) sufficient to permit Lender lo apply the Funds at the lime specified under RESPA, and (b) nol to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis or current data and reasonable eslimales of expendilures of future Escrow Items or otherwise in accordance wilh Applicable Law. The Funds shall be held in an institution whose deposils are insured by a federal agency, instrumentality, or entity(including Lender, if Lender is an institution whose deposils are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Ilems no later than lhe lime specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest 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 lo be paid on lhe Funds, Lender shall not be SWY05 Rev 11/06/00 Page 5 of 18 Initial~ FORM 3051 1101 523 required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, 1fiat interest shall be paid on the Funds. Lender shall give Io Borrower, without charge, an annual accounting of the Funds as required by RESPA. Ir there 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. Ir lhere is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower 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 lhan 12 monthly paymenls. If there is a deficiency ol~ Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance wilh RESPA, but in no more than 12 monthly payments. Upon payment in full or all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Associalion Dues, Fees; and Assessments, if any. 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 or the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreemen! 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 lien. Within 10 days or the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions sel fodh above in this Section 4. Lender may require Borrower'to pay a one-time charge for a real estate lax 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 term "extended coverage'," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and rot 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 determination, certitication and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination SWYO6 Rev 10/25/00 Page 6 o1' 18 Inilials~ FORM 3051 1101 or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency ]n connection with the review of any flood zone 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 n° obligation to purchase any parlicular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or mighl not protect Borrower, Borrower's equity in the Properly, or the contents or the Properly, 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 Lender 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 morlgage clause, and shall name 'Lender as morlgagee 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, ttie Property, such policy shall include a slandard morlgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to lhe insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lenderl shall be applied lo 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 lo be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjuslers, 'or other third parties, retained by Borrower shall not be. paid out of the insurance proceeds and shall be the sole obligation or Borrower. I1' 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 Securily Instrument, whether or no! then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied .in the order provided for in Section 2. If Borrower abandons the Properly, Lender may file, negotiale and sellle any available insurance claim and related mailers. Ir Borrower does nol respond wilhin 30 days Io a nolice from Lender lhal lhe insurance carrier has offered Io setlle a claim, then Lender may negoliale and setlle lhe claim. The 30-day period will begin when lhe notice is given. In SWY07 Rev ~0/25/00 Page 7 of 18 Inilials:7./~7~ FORM 3051 1/01 either event, or if Lender acquires the Property 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 Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of u'nearned premiums paid by Borrower) under all insurance policies covering the Property, insol~ar as such rights are applicable to the 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. 6. 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 continue to occupy the Property as Borrower's principal residence for.at least one year aCter the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections.' Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property ii damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repai~-ing 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. I[ 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 the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time o1: or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default ii, 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 statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are 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) Borrower 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 forl~eiture, [or enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or SWY08 Rev 10/25/00 Page 8 of 18 Iniiia~ FORM 3051 1101 526 (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Properly and rights under this Securily Instrument, including protecting and/or assessing the value of the Properly, and securing and/or repairing the Properly. Lender's actions can include, but are not limited to: (a) paying anY sums secured by a lien which has priority over Ibis Security Inslrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to prolecl its interesl in lhe Properly and/or rights under this Security Instrument, including its secured posilion in a bankruptcy. proceeding. Securing the Properly includes, but is not limiled to, entering the · Properly to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or olher code violations or dangerous conditions, and have ulililies turned on or off. Although Lender may take action under this Section 9, Lender does nol have to do so and is nol under any duty or obligation to do so. It is agreed lhal Lender incurs no liability for nol taking any or all actions authorized under this Section 9. Any amounts disbursed by Le[~der under lhis Section g shall become additional debt of Borrower secured by lhis Security Instrument. These amounts shall bear interesl at the Note rale from the date or disbursemenl and shall be payable, with such interest, upon notice from Lender to Borrower requesling payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee lille 1o the Property, lhe leasehold and the fee lille shall nol merge unless Lender agrees 1o the merger in wriling. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition or making the Loan, Borrower shall pay the premiums required Io mainlain 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 make separately designaled payments toward 1he premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the 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 selecled by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue 1o pay to Lender the amount or the separately designaled paymenls 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, nolwithstanding the facl that the Loan is ultimalely paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments ir Mortgage Insurance coverage (in the amount and for the period 1hat Lender requires) provided by an insurer selecled by Lender again becomes available, is oblained, and Lender requires separalely designated paymenls toward the premiums for Mortgage Insurance. Ir Lender required Mortgage Insurance as a condition or making the Loan and Borrower was required to make separately designated payments toward the premiums ror Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, unlil Lender's requirement for Mortgage Insurance ends in accordance wilh any writlen agreemenl between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section '10 arrecls Borrower's obligalion to pay interest at the rate provided in the Note. SWY09 Rev 1 ~/13100 Page g of 18 Inilials ,"~7~. FORM 3051 1101 527 Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in I~orce 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. These 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 orthe 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 or 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 1he insurer's risk in exchange for a share ol~ the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (al Any such agreements will not affect the amounts that BorrOwer has agreed to pay 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. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights 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 receive 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. Lender may pay for the repairs and restoration in a single disbursement or in a series o1" 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 shall 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. SWY10 Rev 10/25/00 Page 10 of 18 Inilial~ FORM 3051 1101 528 In the event of a total taking, destruction, or loss in value of lhe Property, 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. In the event of a partial laking, 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 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 Inslrument 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 markel value of the Property immediately before, lhe partial taking, destruction, or loss in value is less lhan the amount .of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender olherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the.sumsare then due. If the Property is abandoned by Borrower, or ill after notice by Lender to Borrower that lhe Opposing Party (as defined in the next sentence) offers to make an award to settle a claim l'or damages, Borrower fails to respond to Lender within 30 days afler the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whelher or not then due. "Opposing Party" means the third parly lhat owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if. any action or proceeding, whether civil or criminal, is begun thai, 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 Securily Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstale 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 under this Securily Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair or the Property shall be applied in the order provided for in Seclion 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Exlension of the time for payment or modification of amortization of the sums secured by Ibis 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 or Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse lo exlend time for payment or otherwise modify amortization of the sums secured by SWYll Rev 11/06/00 Page 11 of 18 FORM 3051 1/01 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 exercising 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 due, 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 Instrument but does not execute the Note (a "co-signer"): (a) is co-signing 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 terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provision 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 Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benel~t 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 not limited to, altorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument 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 Instrument 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 charges 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 ~lote 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. Notices. All notices given by Borrower or Lender in conneclion 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 SWYI2 Rev 11/06/00 Page 12 o~' 18 FORM 3051 1101 requires olherwise. The 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. There may be only one designated notice address under this Securily Instrument at any one time. Any notice lo Lender shall be given by delivering il or by mailing it by first class mail to Lender's address staled herein unless Lender has designated another address by notice to Borrower. Any notice in conneclion with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Securily Instrument is also required under Applicable Law, the Applicable Law requirement will satis¢y the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction, This Security Instrument shall be governed by federal law and the law of the jurisdiclion in which the Property is located. All rights and obligations contained in this Security Instrument are subjecl to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by conlract or it might be silent, but such silence shall not be construed as a prohibition againsl 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 withoul the conflicting provision. As used in this Security Inslrument: (a) words of the masculine gender shall mean and 'include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and 'include the plural and vice versa; and (c) the word "may" gives sole discretion wilhout any obligalion to take any action. 17. Borrower's Copy. Borrower shall be given one copyofthe Note andofthis Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As Used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, 'those beneficial interests transferred in a bond for deed, contract for deed, 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 Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial 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. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Ir 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 musl pay all sums secured by this Security Instrument. If Borrower fails Io pay lhese sums prior 1o the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. SWY13 Rev ~ 1/06/00 Page 13 of 18 Inilials: ~ FORM 3051 1/01 531 19. Borrower's Right to Reinstate 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) rive days before sale of the Property pursuant to any power or 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 Instrumenl. Those conditions are that Borrower: Ia) pays Lender all sums which then wou d be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any defaull of any other covenants 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 Instrument; 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 selected by Lender: Ia) 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) Electronic 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. The 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. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer or 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 are 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 hereto a reasonable period after the giving or such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. SWY14 Rev 12/27/00 Page 14 of 18 Ini(ials:~'7~ FORM 3051 1/O1 532 The notice of acceleration and opportunity to cure given to Borrower pursuanl to Section 22 and the nolice of acceleration given lo Borrower pursuant 1o Section 18 shall be deemed to satisfy lhe notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Seclion 21: (a) "Hazardous Substances" are lhose substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or loxic petroleum products, toxic pesticides and herbicides, volalile solvents, materials containing asbestos or formaldehyde, and radioactive malerials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safely or environmental protection; (c) "Environmental Cleanup" includes any response actionl remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute lo, or olherwise trigger an Environmenl Cleanup. Borrower shall not 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 Property. 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 (c) which, due to lhe presence, use, or release of a Hazardous Substance, creates, a condition lhal adversely affecls the value of the Property. The preceding two senlences shall not apply to the presence, use, or storage on the Properly of small quanlilies of Hazardous Substances lhal are generally recognized lo be appropriate to normal residential uses and to maintenance of lhe Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promplly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatow agency or private party involving the Property and any Hazardous Subslance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limiled tO, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affecls the value of lhe Property. If Borrower learns, or is nolified by any governmental or regulalory authority, or any private parly, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly lake all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender furlher covenanl 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 lhe 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 Inslrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action fo assert 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 SWY15 Rev 10/25/00 Page 15 of 18 Initials: FORM 3051 1101 In full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender'shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and lhe Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment ol~all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a lee for releasing this Security Instrument, but only il~ 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. SWY16 Rev 10/25/00 Page 16 of 18 inilials:~''~' FORM 3051 1101 534 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: PI~ILLIP M/TH/(TCHER~ (Seal) Borrower (Seal) Borrower $WY17 Rev 12/27/00 Page 17 of lB Initials: FORM 3051 1101 535 STATE OF WYOMING, LINCOLN County ss: The foregoing instrument was acknowledged before me this SEPTEMBER 19, 2003 by PHILLIP M.,THATCHER SHELBY M.iTHATCHER My Commission Expires: (~----~"~"~ ~ ~ SWY18 Rev 10/25/00 Page 18 of 18 Inilial~ FORM 3051 1101 $CHEUDLE A Lot 7 of Block 3 of the Lincoln Heights 3rd Subdivision to the Town of Kemmerer, Lincoln County, Wyoming as described on the official plat thereof. LESS AND EXCEPT the land contained in Warranty Deed recorded Septelnber 7, 1984 in Book 218PR on page 269 of Lincoln County public records. 537 BALLOON RIDER 01323B7101 THIS BALLOON RIDER is made on this 19th day. of SEPTEMBER 2003 and ..................................... '- ........................ is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of TrUst or Security Deed (he Sec,unty InstrUment") of_the same date gnven ~by the undersigned ("Borrower") to secure ~B~rroWer s Note to ....W...E..L.L..S....F..A..R.~O HOME MORTGAGE, INC. (' Lender") of the same date and covering the property described in the Security Instrument and 1132 4TH WEST AVENUE located at: .................................................................................................... KEMMERER WY 83101 ................................ .......................................................... ~;;¢;~';/~'~;;¥;i ............................................................................ The interest rate stated on the Note is called the "Note Rate." The date of the Note is called the *Note Date." I understand the Lender may transfer the Note, Security Instrument and this Rider. The Lender or anyone who takes the Note, the Security Instrument and this Rider by transfer and who is entitled to receive paYments under the Note is called the "Note Holder." ADDITIONAL COVENANTS. In addition to the covenants and agreements in the Security Instrument, Borrower and Lender further covenant and agree as follows (despite anything to the contrary contained in the Security InstrUment or the Note): THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER.' At least ninety (90) but not more than one hundred twenty (120) days prior to Maturity Date, Lender must send Borrower a notice which states the Maturity Date and the amount of the *Balloon Payment" which will be due on the Maturity Date (assuming all scheduled payments due between the date of the notice and the Maturity Date are made on time). SHELBY WI. TIIATCIIER (SEAL) (Borrower) (SEAL) (Borrower) ECO77L Rew 12/05/00 PREPAYMENT RIDER 0132387101 THIS PREPAYMENT RIDER is made this ....1..9..t.h. ...... day of ....S..E..P...T..E..M...B...E..R... 2003 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to ................................................ WELLS FARGO HOME MORTGAGE, NC of the same date and covering the Property described in the Security Instrument and located at: 1132 4TH WEST AVENUE, KEMMERER, WY 83101 (Property Address) PREPAYMENT COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: I have the right to make payments of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." Except as provided below, I may make a full prepayment or a partial Prepayment at any time without paying any penalty. However, if within the first ..t..w..o. ...... (...2...) year(s) after the execution of the Security Ir~strument I make full prepayment, I will pay a prepayment charge in an amount equal to the payment of six (6) months' advance interest, at the interest rate provided for under the Note, on the amount prepaid which is in excess of twenty percent (20%) of the original principal amount. Prepayment Rider (AL, AR, AZ, CA, CO, CT, DE, FL, GA, HI, ID, IN, KY, MA, ME, MT, ND, NE, NH, NV, NY, OK, PA, SC, SD, TN, TX, UT, WA, WY) (Page 1 o1' 2) EC180L Rev. 11/26/02 539 BY SIGNING BELOW, Borrower accepts contained in this Prepayment Rider. and agrees to the terms O1323871O1 and provisions (Seal) -Borrower (Seal) -Borrower Prepaymen~ Rider (AL, AR, AZ, CA, CO, CT, DE, FL, GA, HI, ID, IN, KY, MA, ME, MT NE), NE, NH, NV, NY, OK, PA, SC, SD, TN, TX, UT WA, WY) (Page 2 ot 2) EC1/J0L Rev. 11/26/02