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Home My WebLink About893626SEP-]6-2003 TUE 01:56 PH WELLS FARGO HOME MTG FAX NO, 4O25362983 07/56 RetUm To: WELLS FA~'GO HO~E MORTGAGE, INC. Pr~ared By: WELLS FARGO HOME MORTGAGE, INC. 893.525 ~-~..i': IVE D L/t',.ICOL.',I ,~"7;!.!~l-y CLERK 1919 DOUGLAS,, OM. ARA, NE 681010000 [$pac~ Abow This Lin, For R~erdinl~ Data] MORTGAGE DEFINITIONS Words used in multi)lc .sectior~ of this document arc defined below and other words are defined in Sections 3, 11, 13, I ~, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Secti, m 16. (A) "Security ]nstrur ~ent" mean.~ this document, which is dated S~.P'r~I,~ER 1.6, 2003 together with all Ride's to this document. (B) "Borrower" is VZ~CENT J GUINTA AND DEBORAH A GUINTA, HLtSBAND AND WI:FF. Borrower is the mortg ~gor under this Sc-curRy Instrument. (C) "Lender" is WELLS FARGO }IOMiE MORTGAGE, INC. ..... Lender is a CORPOI~ TION .......................... organized and cxistin~ under the law.~ of TRE STATE OF CA.LIFOIZ~IA 0033058587 WYOMING-Single FamJh .Fannie Mae/Freddte Mac UNIFORM INSTRUMENT Oago 1 of 15, M~[i VM' MORTGAGE I:OFIM,~ ~ Form 3051 1/01 SEP-16-2003 TUE 01:56 PM WELLS FARGO HOME MTG NO, 4025362983 P, 08/56 L~nder's address is P.o. Box 10304, DES MOIN~S, IA 503060304 Lender is the mortgai ee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated SEPTI~M~ER 16, 2003 The Note states that l~orrower owes Lender WFTY SXX ?HOUStOn ~ 00/~.00 Dollars (U.S. $ ***** 5 6,0~10.0 0 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay ~he debt in lull not later than oc~rosm~ o1., (E) "Property" means the property that is described below under the he~ing "Transfer of Rights in the Property." (F) "LOan" means th,: debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, a ~d all sums due under this Security Instrument, plus interest. (G) "Riders" means dl Riders to this Security Instrument that are executed by Borrower. The following Ride-rs are to be exert ted by Borrower [check box as applicable]: [--] Adjustable Rate Rider [] Condominium Rider [] Second Home Rider [] Balloon Rider [~] Planned Unit Development Rider[] 14 gamily Rider [] VA Rider [] Biweekly Payment Rider ["-] Other(s) [specify] tH) "Applicable La'~" means all controlling applicable federal, state ,'md local natures, regulations, ordinances and administrative rules and orders (that have the effec't of law) as well as all applicable final. non-appealable judici.'.l opinions. ti) "Community Ass )clarion Due~, Fee.% ~nd .n.~e.~sments" me~s all dues, fees, assessments and other charges that are iml os~ on Borrower or the Property by a condominium associatmn, homeo~,nera association or similar organization. (J) "Electronic iVum ~ Transfer" means any tr~uxsfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, comp'u/er or magnetic tape ~o a~ to order, instruct, or authorize a tiro'racial institution to debit or credit an account. Such term includes, but is not limited to, poim-ol:sale transfers, automated teller machine transactions transfers initiated by telephone, wire transfers, and automated clearinghouse tramfers. (K) "Escrow Items" }nears those iterr~ that are describ~ in Seat{on 3. (L) "Miscellaneous I roceeds'! means any compensation, scglement, award of damages, or proceeds paid by any third pony (o{ net than insurance proceed~ paid under the coverages described in Section 5) tbr: (i) damage to, or destru :itoh of, the Property; (ii) condemnation or other taking of all or any pad of the Property; (iii) conve)once in lieu of conde{Ymation; or (iv) n'dsrepresen{ations of, or omissions as to, the value and/or conditio), of the Property. tM) "Mortgage ]haul'once" means insurance protecting Lender against the nonpayment of, or default on. the Loan. (N) "Periodic Payme it" re&aris-the 'regularly scheduled anm~nt-dUe for ti) principal and interest under the Note, plu~ (ii) any amounts under Section 3 of this Security Instrument. {O) "RESPA" means the Real Esteae Senlemem Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation. Regulation X (24 C.F.R. Part 3500), ~s they might be amended from time to time, or any additiom I or successor legi,lation or regulation that governs the same subject matter. A~ used in this Security Instru neut, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally relateg mortgage loan" even if the Lom~ does not qu~dify as a "federally related mortgage loan" under RESPA. .,~,5 ~' Initi~l~'~ · (~e. 6lW¥1 {oee~l P,o. ~ ~,f'~s ' Form 3061 1/01 SEP-16-2003 TUE 01:56 PN WELLS FARGO HONE NTG NO. 4025362983 P. 09/56 568 (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has a.sst reed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIG ~ITS IN THE PROPERTY This Security in.qtrum '.nt secures to Lender: (i) the repayment of the Lo~, and all renewals, extensions and modifications of the 51ote; and (ii) the performance of Borrower's covenant.~ and agreement.~ under this Security Instrument a id the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's mccessors and assigns, with power of sale, the following described property located in the COUNTY of LINCOLN : ['Type )f Recording Jurisdiction] [N~me of Recording JurisdicfionJ PARCEL 65 OF TBg 1942 RRPLAT OF 'THE TOWN OF DIAMONDVILLE, LINCOLN COWRTY, WYOMING, AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. 1986 GDBOID40865213 A & B HUD # IDA 088608 AND IDA 088509. ParceliD Number: 26 LITTLE CANYO~ RO~LD DIAMONDVILLE ("Property Address"): which currently has the address of Wyoming 8 3 '~ is {z ip Code} TOGETHER WITH all the improvements now or hereafter era'ted on the property, and all easements, appurtenm ices, and fixtures now or hereafter a part of the property. All replacements and additioo_n shall also be covered by this Security Instrument. All of the tbregoing is referred to in this Security Inst~ment a~ the "Property," BORROWER O)VENANTS that Borrower is lawfully geised of the estate hereby conveyed and has fl~e right to mortgage grant and convey the Property and that the Property is unencumbered, except for encumbrances of reco 'd, Borrower warrants and will defend generally the title to the Property against all claims and demand.% ~ ubjccl to any encumbrances of record, THIS SECURITY INSTRUMENT combine.n uniform covenants {'or national use and non-uniform covenants with ]imitml variations by jurisdiction to constitute a uniform security instrument covering real property. . UNIFORM COX. ENANTS. Borrower and Lender eavenant and agree as follows: ~. Payment of Principal Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges a,~d 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, il any check or other instrument received by Lender as p.~n~ Bd, er the Note or this (~-6(WY} (OOOS~ ~. :~ o{ ~S Form 3061 110~1 SEP-16-2003 TUE 01:56 PH WELLS FARGO HOME HTG FAN NO, 4025362983 P, 10/56 569 Security Instrument h returned tn Lender unpaid, Lender nay require that any or all subsequent payn'~nts due under the Note md this Security Instrument be made m one or more of the following tbrm~, as selected by Lender: (a) cash; (b) money order: (c) curtified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution who~ deposits are insured by a federal agency, inatru nentality, or entity; or (d) Electronic Funds Transfer. Payments are de.~med received by Lender when rec~4vcd at the location designated in the Note or at such other location aS may be designated by Lender in accordance wiflt the notice provisions in Section 15. Lender may return aJ y payment or partial payment if the payment or partial payments are insufficient to bring the Loan curret t. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiv.'r of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the tatar :, but Lender is not obligated m apply such payments at the time such payments are accepted. If each Periodic.Payment is applied a~ of its scheduled due date, then [xmder need not pay interest on unapplied hnds. Lender may hold such unapplied funds until Borrower makes payment to bring the Lt~an current. If 1[ orrower does not do so within a reasonable period of time, Lender shall either apply such funds or return t ~em 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 ir the future against Lender shall relieve Borrawcr from making payments due under the Note and thi~ Soc~fity Instrument or p¢.rforming the covenants and agreemenu secured by this Security Inatrument. 2. Application of Payments or Proceeds. Except as othcrwi.qe described in this Section 2, all payment.q accepted and applied by Lender shall be applied hi the following order of priority: (a) interest 'due under the Note; b) principal due under the Note; (c) ,'u-nounts due under Section 3. Such payments ~',dl be applied to e~ch Periodic Payment in the order in which it became due. Any remaining amaunts shall be applied first ~o late charges, second to any other amounts due under this Security Instrument, and then to reduce the pri~,cipal balance of the Note. If Lender recei,es a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to l,ay any late charge due, the payment may be applied to the delinquent payment and the late charge. If mo~ e fl~,'m one Periodic Payment is outst,'mding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments il', and to the extent that, each payment can be paid in full. To the e::tent that any excess exists after the payment is applied to the full payment of one or more Periodic Paym~ ~U, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment cl~arges and then ~ described in the Note. Any application of payments, insurance proceeds, or Miscellancou~ Proc'"eeds to principal due under the Note shall not ext~ nd or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for E~:crow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until ~e Note ia paid in full, a ~um (the "Funds') to provide for payment of amounts due for: (a) taxes and asat ssments and other itern~ which can attain priority over this Security Instrument as a lien or encumbrance ~,n the Property; (b) lea.qehold payment~ or ground rent~ on the Property, if any; (c) prenfiunu for any ual all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any. ut any sun,s payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums 5n accordance with the provisions of Section lO. These items are called 'E~crow Items." At origination, or at any time during the term of the Lo~,~, Lender may require that Community Association Dues, Fees, and Assessments, if any. be escrowed by Borrower. and such dues, fees and assessments shall be aa Escrow Item. ltorrower ~all promptly furnish to Lender all notices of amounts to ..... be. paid under this .Se, :don. Borrower shall pay- Lender the .Funds. for Escroat-ltema unless Lender waives Borrower's obligatior to pay the Fund~ for any or all Escrow Item. Lender may waive Borrower's obligation to pay to Lender.Funds for any or all Escrow Itenu; at any time. Any such waiver may only be in writing. In the eve~ t of such waiver, Borrower shall pay directly, when and where payable, the amounts (~-I~IWY) ~ooo& 1~4 o116 Form 3051 1101 SEP-16-2003 TUE 01:56 PN WELLS FARGO HONE NTG FAX NO, 4025362983 P, 11/56 570 due for any Escrow herin for which payment or Funds has been waived by Lender and, if Lender requires, shall I'urnish to Lend,:r receipts ~idencing such payment within such time period as Lender may require. Borrower's obligatioz, to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agz.'ement contained in this Security Instrument, = the phrase "covenant and agreement' is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the mnount due for an Escrow item. Lender may exercise its rights under Section 9 and pay such amount and Borrower Shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Sect on 15 and, upon such revocation, Borrower shall pay to Lender all Funds. and in such amounts, that ar,: then required under this Section 3. Lender may, at ;my lime, collect and hold Funds in an amount (al sufficient to permit Lender to apply the Funds at the tim~: specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPt,. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates :~f expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a 'federal agency, instrumentality, or entity (including Lender, if Lender ia an institution Whose deposits are so insured) or in any Federal Home Ix an Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESI'A. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verirying the Escrow Irene, unless Lender pays ~trower.interest on the Funds and Applicabl~ Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law re luires interest to be paid on the Funds, Lender shall not be requir~xl to pay Borrower any inter~t or earnir gs on the Funds. Borrower and Lender can agree ia writing, however, that interest shall be paid on the ?unds. Lender shall give to Borrower, without charge, an annual accaunting of the Funds as required by RESPA. If there is a su]plus of Funds held in eacr°xv, a~ defined under RESPA. Lender shall account to Borrower for the exes:ss funds in accordance with RE.SPA. Ii' there is a shortage of Funds held in escrow, as defined under RES PA, Lender shall noti{:y Borrower as required by RESPA, and Ben-ewer shall pay to Lender the amount n~cessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a dellciency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as r{ quired by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in a :cordance with RESPA, but in no more than 12 monthly payments. Upon payment ia fall of all sums secttred by this Security lttstrurnent, Lender shall promptly refund to Borrower any Funt.s held by Lender. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charge.,;, fines, and impositions attributable to the Pre,perry which can attain priority over this Security Instrument, leasehold payments or ground rents on the Ptoperty, if any, and Con'ununity Association Dues, Fees, and Assessments, il" any. To the extent that these ilems are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall }~romptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees n writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only S) long ~ Borrower is perl6rming 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 enforcem,:nt of the lien while those proceedings are pending, but .only until such proceedings are concluded: or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Seextrity Instrument. If Lender determines that any part of the Property is subject to a lien which can attain prio~ ity over this Security Instrument, Lender may give Borrower a notice identifying the (~-6{WYI ¢ooo$} ~'o~,~ o~ as Form 3051 1/01 SEP-16-2003 TUE 01:56 PH HELLS FhRGO HOHE HTG FhX NO. 4025362983 12/56 571 lien. Within 10 days ,,f the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. l.,cnd~ may rct uire Borrower to pay a one-time charge tbr a real estate tax verification and/or reporting service used by Lender in connection with this Loan. $. Property Ins arance. Borrower shall keep the inaprovement~ now existing or hereafter erected on the Property insured ~gainst loss by fire, h,'tzards included within the term "extended coverage," and any other hazard~ including, but not limited to, eaxthquak~ and floodL for which Lender requires insurance. This insurance shall ~e maintained in the amounts (including deductible levels) and for the periods that Lender require. Wh~ t Lender requires pursuant to the preceding semences can-change during the term et' the Loan. The insura:me c,'u-rier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove l lorrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay. in connection with this Lo,re. either: (al a one-time charge for flood zone determination, certifi,:ation 'and tracking servicc~; or (b) a sue-time charge for flood zone determination ;md certification serv.ces and '.qubsequent charges each time remappings or similar changes occur which reasonably might aff,:ct such determination or certification. Borrower shall also be regponaihle for the pa)meat of any f~es imposed by the la'ederal Emergency Managemem Agency in com~ection with the review of any flood z, me determination resulting from an objection by Borrowcn'. If Borrower hill to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender'; option and Borrower's expense. Lender is under no obligation to purchase any particular type or an~ mat of cave'rage. Therefore. such coverage shall cover Lender, but might or lnighl not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability an. 1 might provide greater or lesser coverage t'han wa.q previously in effect. Borrower acknowledges that th,: cast of the insurmme coverage so obtained might significantly exceed the cost of insurance that Barrel, er could have obtained. Any amountg disbursed by Lender under this Section 5 shall became additional del,t 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 ri,questing payment. All insurance Pclicies 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 in additional loss pay~. Lcndmr shall haw the right to hold the policies and renewal certificates. If Lender require~. Borrower shall prompdy give to Lender all receipt~ of paid premiums and renewal notices. If B~rrower obtains any form of insurance coverage, not othenvise required by Lender, for damage to, or de: truction of, the Propmny. such policy shall include a standard mortgage clause and shall atone Lender as nortgagee and/or as an additional lose payee. In the event of Dss, Borrower shall give prompt notice to [he insurance carrier and Lender. Lender may make proof of less if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insura ice proceeds, whether or not the underlying insurance w~ required by Lender, shall be applied to restoration or repair of the Property. if the restoration or repair is economically feasible and Lender's security is n-~t lessened. During such r~air and restoration period, Dz-nder shall have the right to hold such insurance [ roceeds until I..~-mder 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 ~ the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, I..ender shall not be required to pay Borrower any interest or earnings ,m such proceeds. Fees for public adjusters, or other third parties, retained by BorrOwer shall not be paid out of the in-qurance proceed~ and shall be the sole obligation of Borrower. If the restoration or rep~ ir is not economically feasible or Leader's security would be lessened, the insurance proceeds ah'all be app led to the sums secured by this Security Instrument, whether or not then due, with SEP-18-2003 ?UE 01:57 PM WELLS FARGO HOME MTG NO. 4025~62983 Pf 13/56 572 the exce.~s, if any, paSd to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower ab~ ndon~ the Property, Lender may file, negotiate and .~ettle any available insurance claim and related matters. If Borrower does not re.~nd within 30 days to a notice from Lender that the insurance carrier has .~ffered to settle a claim, then Lender may negotiate and settle the claim. The 30--day period will begin wi'eh the notice is given. In either event, or if Lender acquires the Property under Section 22 or othen4se, Borrower hercby a.~.,igns to Lender (a) Borrower's rights to any insurance proceeds in an amour t not to exceed the amounts unpaid under the Note or this Security lnstrumc-nt, and (b) any other oF Borrower's rights (other than the right to any refund o1: unearned premiurru, paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Prope ny. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaitl 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 lot at least one ye&r after the date of occupancy, unless Lender otherwise agrees in 'vriting. which consent shall not be unreasonably withheld, or unless extenuating circumstances exist w rich are beyond Borrower's control. 7. Preservation Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or ~mpair The Property, allow the Property to deteriorate or commit waste on the Property. Whether ot not Borrower is residing in the Property, Borrower shall ]n,'tint,xin the Property in order to prevent the l~roperty from deteriorating or decreasing in value due to it.~ condition. Unlc~..g it i.~ determined pursuant o Section 5 that repair or re~toration is not economically feasible, Borrower. shall promptly repair the Property if damaged to avoid rurther deterioration or d~'nage. If insurance or condemnation procecu.~ are paid in connection with damage to, or the taking of. the Property, Borrower shall be responsible f.~r repairing or restoring the Property only if Lender has release4 proceecb~ for such purposes. Lender ma) disburse 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 are not sulficiem to repair or restore th" Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restorat ion. Lender or its al:ent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lea ]er may inspect the interior of the improven~'nts on the Property. Lender shall give Borrower notice at th~ time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's bonn Application. Borrower shall be in default if, during the Loan application process, Borrower o7 any persons or entities acting at the direction o1' Borrower or with Borrower's lmowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to proviCc Lcuader with material information) in connection with the Loan. Material representations include, but are not limi!ed to, .representations concerning B~rrower'~ occupancy of the Property as Borrower's principal residence. ?. Protection o1' Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrowcr fails to I erform 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 lnstrume~lt (such as a proceeding in banlauptcy, probate, for condemnation or forfeiture, for enforcement Of a lie~, which may attain priority over this Security Instrument or to enforce laws or regul.~tions), or (c) B ~rrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or approp:iate tn protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, ,'md securing and/or repairing the Property. Lender'~ actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority o~er this Security Instrument; (b) appearing in court; and (c) paying reasonable 6(W¥) (ooo,h ~'~o~ ? ~,~ ~ ~- Form 3051 1/01 $EP-16-2003 TUE 01:57 PH ~ELL$ FRRGO HOHE HTG F,,q× NO, 4025362983 PJ 14/56 573 attorneys' fees to pro~ ect its interest in the Property and/or rights under this Security Instrument. including its secured position ia a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property m make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although I coder may take action under this Section 9, Lender does not have to do so and is not under any duty or ob igation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender. under this Section 9 shall become additional debt of Borrower secured by this Seem ity Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and sh~ll be payable, with such interest, upon notice from Lender to Borrower requesting payment. · If this Security instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower ac [uires fee title to the Property, the leasehold -',nd the fee title shall not merge unless Lender agrees to the ~ ~erger in writing. 10. Mortgage h~surance. If Lender required Mortgage l~tSuranee as a condition of ri'faking the Lo~, Borrower shall pay th t premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Inmran :e coverage required by Lender ceases to be available from the mortgage insurer that previously Provided ~uch insurance and Borrower was required to make separately designated payn~nts toward the premium ~ /bt Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantiall:' equivalent to the Mortgage Irmurancc previously in effect, at a cost substantially equivalent to the co:t to Borrower of the Mortgage h~surance previously in effect, from an alternate mortgage insurer scl ~cted by Lender. [1' Sub.qtantially equivalent Mortgage Insurance coverage is not available. Borrower, v, dl continue to pay to Lender the amount of the separately designated payments that were due when file i isurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-r:fundable loss re~erve in lieu of Mortgage Insurance. Such loa.q reserve shall be non-refundable, notw.thstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrc wet any interest or earnings on such loss reserve. Lender can no longer require loss re~,erve payment, it' 1~ Iortgage Insurance coverage (in the amount and for the period .that Lender requires) provided by an insmer selected by Lender again becomes available, is obtained, and Lender requires separately designated ?ayments toward the premiums tbr Mortgage Insurance. If Lender required Mortgage Insurance as a condilion o1' m~'ing the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower Shall pay the premiums required to nuintain Mortgage lasur,'mce in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Morll~age Insurance ends in accordance with any written agreement between Borrower and Lender providing for ~ueh termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Bas tower's obligmion to pay interest at the rate provided in the Note. Mortgage Insur~ ncc reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrow ;r does not repay the Loan as agreed. Borrower is not a' pony to the Mortgage Insurance. Mortgage insure :s evaluate their total risk on all such insurance in f°rce fram time to time, and may enter into agr~mems with other panics that share or modify their risk, or reduce losses. These agreements are on terms and cant itions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. Th~ se agreements nuy require the mortgage insurer to make payments using any source of funds that the mar gage insurer may have. available (which may include funds obtained from Mortgage Insurance premiun~). As a result of th'ese agreements. Lender. any pmchaser of the Note, another insurer, any reinsurer, any other entity, or a,y affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or migh be characterized as) a portion of Borrower's payments for Mortgage Inmrance. in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. It' such agree'mere provides that an affiliate of Lender take, a share of the insurer's risk in ~xchange for a share of the premiums paid to the namer, the arrangement is often termed "captive reinsurance." Punher: (a) Any such agreements will not affect the amounts that Borrower has agreed to Pay Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower ,,'ill owe t'or Mortgalle Insurance, and they will not entitle Bo~o~er~-t? any refund. Ir~ti~= t{~®:6(WY) tooos} ~'aa~ ~ of ~S Form 3051 1/01 ................................. ' I :' ' ' ........ i:- ............................... SEP-16-2003 TUE 01:57 PR WELLS FARGO HOME MTG FAX NO, 4025362983 P, 15/56 574 (b) Any such a ,,reements will not affect the rights Borrower has - ff any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1.998 'or any other law. These rights may include the ri:,.ht to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance to have the Morlgage Insurance terminated automatically, and/or to receive a refund of any Mortl;age Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds we hereby assigned to ,'md shall ~e 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 ;md Lender's security is not lessened. During such repair an d restoration period. Lender shaJl have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work hag .been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restorati~,n in a single disbursement or in a series of progress payments as the work is completed. Unle~"-mYagteement is made in"wridng or Applicable Law requires-interest to bc paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrow'er any interest or earnings on such Miscellaneous Procee is. 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 ~)ue, with the excc~a, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order p 'ovided for in Section 2. In the event oi' a total taking, destruction, or loss in value oi' thc Property, the Miscellaneous Proceeds shall be apI lied to thc sums secured by this Security Instrtuncat, whether or not then duc, with the excess, if any, Pai.t to Borrower. In the evcnzt of t partial taking, destruction, or loss in value of the Property in which the fair market value of the Propert) immediately before thc partial taking, destruction, or loss in value is equal to or greater than thc reno, m! of the sums secured by this Security Instrument inunediatcly before thc partial taking, destruction, ~ r loss in value, unless Borrower and Lender otherwise agree in writing, the surf,s ~ecured by this Sec~ rity Instrument shall be r~uced by thc amount of thc Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the purlin/~aking, destruc',ion, or loss in value divided by (b) the fair market value of the Property immediately before the partial taki)tg, destruction, or loss in value. Any balance shall bc paid to Borrower. In the event of ~ partial taking, destruction, or loss in value of the Property in which thc fair market value of the Property immediately before thc partial taking, destruction, or loss in value is less d~an the amount of 'the sums :ecured immediately before the partial taking, destruction, or loss in value, .unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the auras secured by this Securi :y Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as d ;fined in the next sentence) offers to make an award to settle a claim for damages. Borrower fail5 to resl:ond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply ~he Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this ~ecurity Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower l~liscellaneous Proceeds or the party against whom Borrower has a right of action h~ regard to Miscellaneo ~s Proceeds. B°rrower shall 1: e in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, c~uld result in forfeiture of the Property or other material impairment of Lender's interest in the Property or righta under this Security Instrument. Borrower can cure such a dcqault and, if acceleration has oecu~ red, reinstate as provided in Section 19, by Causing the action or proceeding to be dismissed with a ruli~ g 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 Security Instrument. The proceeda of any award or claim fo r damages that arc attributable to the impairment of Lender's interest in the Property are hereby assigned ~u d shall be paid to Lender. All Miscellaneotts Proceeds that are not applied to restoration or repair of the Property shall be applied in the order p~ovided tbr in Section 2. (~.-6(WY) iooosl P~'~e~o! ~s Form 3051 1/01 ® SEP-16-2003 TUE 01:57 PM WELLS FARGO HOME NTG FAX NO. 4025362983 16/56 '75 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the dine for payment or modillcati on of amortization of the Sums secured by this Security Instrument granted by Lender to Borrower or any S ~cCessor in interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not b~ required to commence proceedings against any Successor in Ira;rest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sn a~ secured by this Security Instrument by reason of any demand made by the original Borrower or any Suet essors in Interest of Borrower. Any forbearance by Lender in exercising any fight or remedy including, w thout limitation, Lender's acceptance of payrolls from third persons, entities or S'ucceasors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise. If ally right or remedy. 13. Joint and Several Liability; Co-sign~.~; Sucee~or~ and Assigns Bound. Borrower covenants and agrees that Borro, ver's obligations and liability shall be joint and several. However, any Borrower who co--signs this Securiq Instru.mtmt but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument o sly to mortgage, grant and convey the co-signer's interest in the Property und~.'r the terms of this Security :Instrument; (b) is not personally obligated to pay the sum.~ secured by this Security instrument; and (¢) a~rees that Lender and any other Borrower can agree to extend, modify, tbrbear or make any accommod;ttions with regard to the tern~ of this Security Instruu~nt 0r the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligatiors under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rigl~ts and benefits under this Security Instrument. Borrower shall not be releMed from Borrower's obligatior, s' and liability under this Security Instmn'lent unless Lender agrees to such release in writing. The covena~tts al~..d agreements of this Security Instrument shall bind (except as provided in Section 20) and benef t the successors and assigns of Lender. 14. Loan Char:es, Lx.-nder may charge Borrower fees for services performed in connection with Borrnwer's default, f.~r the purpose of proteetirtg Lender's interest in the Property and fights under, this Security Instrument, including, but not limited to, attorneys' tees, property inspection and valuation fcea. In re~'trd to any othez 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 ~his Security Instrument or by Applicable Law. If the Loan is su }jeer to a law which sets maximum loan charges, and that law is finally interpreted So that the interest or ot~ let loan charges collected or to be collected in connection with the Loan exceed the permitted limits, the~: (a) any such lo,'m charge aha. Il be reduced by the amount necessary to reduce the. charge to the permJtte:l ]trait; and (b) any sums already collected from Borrower which exceeded permitted limits will be refund~.d to Borrower. L.cnder may choose to make this refund by reducing the pfineipal Owed under the Non or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be trt. ated 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 ,~uch refund made by direct payment to Bor :ower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 1~. Notices. Al} notices given by Borrower or Lender in connection with this Security Instmmem m~t be in writing. A ~y notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Eorrower x~hen 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 unl~s Applicable La'¥ expressly requires otherwise. The notice addres~ shall be the Property Address unless Borrower has ,lesignated a substitute notice addre~is by notice to Lender. Borrower shall promptly notify Lender of Boo ower's change of address. If Lender specifies a procedure for reporting Borrn'~er',~ change of address, ~:n Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one lime. Any notice to Lender shal be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this l:ecurity Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement m~der this SecUrity Instrument. . . ./~ (~76(WYI tooos! P.',,I}o lO o; ~ v~.,,7 ~-,.~ ~ Form 3051 1101 SEP-16-2003 TUE 01:58 P~ ~ELLS FRRGO HOHE RTG · FAX NO. 4025362983 P, 17/56 576 i6. Governing Law; SeveXability; Rules or Con.struclian. This Security instrument shall be governed by federal .aw and the law of the jurisdiction in which the Property is located. All rights and obligations contalne~ in this Security In.~trument are subject to any requirements and limitations of Applicable Law. Apt [icable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but ,~ uch .~ilence shall not be construed as a prohibition against agreement by contract. In the event that any p~ovision or clause of thLs Security Instrument or the Note conflicts with Applicable Law, such conflict fl,all not affect other provisions of this Security Instrument or the Note which can be given effect without t]e conflicting provision. Aa used in thi: Security Instrument: (a) wordx of the masculine gender sha/l mean and include corresponding neuter words or words of the feminine gender: (b) words in the singular shall mean and include the plural an, I vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer o.' the Property or a Beneficial Interest in Borrower. As used in this Section 18. "Interest in the ['rope rty" means any legal or beneficial interest in the Property, including, 'but not limited to, those beneficial it terests transferred in a bond /'or deed, contract lrbr deed, installment .tales contract or escrow agreement, th: intent or' which is thc transfer of title by Borrowt.n' at a l'uture date to a purchaser. If all or any par: of the Property or any Interest in the Property i~ 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, Len:ter may require immediate payment in full of all sums secured by this Security Instrument. However. thio option shall nbt be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exert scs this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period or rot le.~s than 30 days from the date the notice is given in accordance with Section 15 within which Borrmx er must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this · Security In.qtrument ~ ithout further notice or demand on Borrower. 19. Borrower'., Right to Reinstate Alter Acceleration. If Borrower meeu certain conditions, Borrower shall have the right to have enfl.~rcement or this Security Instrument discontinued at ~y time prior to the earliest o !: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Inatrummt; (b) such other period as Applicable Law might specify for the term/nation or Borrower's right to reinstate; or (c) entry of a judgment enlbrcing this Security Instrument. Those condition.~ are that [orrower: (a) pay~ Lender all sums which then would be due under this Security Instrument and the N.)te as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays ri expenses incurred in enforcing this Security Instrument. including, bat not limited to, rea.qonablc attorn ;ys' rets, property inspection and valuation fees, and other fees incurred for the purpose of protectin~ Lender's interest in the Prop~y 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 Sec~ rity Instrument, and Borrower's obligation to pay the surm secured by this Security Instrument, shall cot tinue unch.anged. Lender may require that Borrower pay such reinstatement sums and expenses in one or n~ore of the following fornu, as selected by Lender: (a) cash: (b) money order; (c) .certiricd check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whoge ,leposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer:. Upo~t reinstatement by Borrower, this Security Instrument and obligations secured hereby shall rennin fully efl~tive as if no acceleration had occurred. However, this right to reiratate shall not apply in the case of a~'celeration under Section 18. 20. Sale of Not, :; Change or Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together w th 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 dl~e 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 ff 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 addr~s of the new Loan Servicer, ~he addres~ to which payments should be made and any other information RESPA · 6(WY) Iooos) ~.g. I~ ~ lS ,e, Form 3051 1101 SEP-16-2003 TUE 01:S8 PR ~ELLS FRRGO HORE RTG FRX NO, 4025362983 18/56 577 requires in connectio~t with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan S ;rviccr other than the purchaser of the Note, the mortgage loan ~rvicing obligations to Borrower will rem dn with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note )urchaser unless otherwise provided by the Note purchaser. Neither Borrow,,r nor Leader may connnenee, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the otheT party's action,, pursuant to this Security Instrument ot that alleges that the other party h,~ breached any provision of, or any duty owed by reason of, this Securi ~ 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 of such notice to take corrective action. If Applicable Law pro,,ides a time period which must elapse before certain action can be taken, that time pcqfiod will be deem~.d to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure siren ~o Borrower pur~uvau to Section 22 and the notice of acceleration given to Borrower pursuant tc Section 1.8 shall be deemed to satisfy' the notice and opportunity to take corrective action provisions of tJ tis Section 20. 21. Hazardous Substances. As used in thin Section 21: (a) "Hazardous Substances" are those substances defined aa toxic or hazardous substance& pollutratts, or wastes by Environn~ntal Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticid~ and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Propc-rty is located that relate to health, safe~y or environmental protection; (c) "Environmental Cleanup' include~ any response action, remedial acti( n, or removal action, as defined in Environmental Law; and (d) an 'Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.. Borrower shall ]~0t cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threatt n to release any Hazardous Substance.~, on or in the Property. Borrower shall not do, nor ',allow anyone el~,: to do, anything affeetit~g the Property (a) that is in violation of any Environmental Law, (b) which creatt.s an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance creates a condition that adversely affects the value of the Property. The preceding two sentences shall ~tot apply, to the presence, use, or storage on the Property of small quantities of H~ardous Substance~ that are generally recognized to be appropriate to normal residential uses and to maintenance of the Pt ~peny (including, but not limited to, hazardous substances in consumer products). Borrower shall I,rompdy give Lender wriUen notice of (a) any investigation, claim, demand, lawsuit or other action by anI, governmental or regulatory agency or private party involving the Property and any Hazardous Substance. or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condi ion. including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazarlons Substance, and (c) any condition caused by the presence, usc or release of a Hazardous Substance which adversely affects the value of the Property. If Borrowe~ learns, or is notified by 'any governmental or regulatory authority, or any private pony, that any removal or other remediation of any Hazardous $ut stance affecting the Property is necessa, t3,, Borrower shall promptly t,ake all necessary remedial actions in a'~cordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Envirot ~ental Cleanup. $EP-16-2003 TUE 01:58 PH WELLS FARGO HOHE HTG FA× NO. 4025362983 19/56 578 NON-UNIFOR~ 4 COVENANTS. Borrower and Lender further covenant and agree as follows: 22. AcceleratioJ ~; Remedies. Lender shall give notice to Borrower prior to acceleration r°ilowing Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherx~se). The notice shall specify: (a) the default; Ob) the i etlon required to cure the default; {c) a date, not less than 30 days from the date the notice is given [~, 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 Instrmnent and sale of the Property. The notice shall further inform Borrower of the right to reinstate aR ~r acceleration and the right to bring a court action to assert the non-existence of a default or any otb .'r defense of Borrower to acceleration and sale. If the default is not cured on or b~fore the date specified in the notice, Lender at its option may require immediate payment in ~ull of 'all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedi~ 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 attorney.~' lees and costs of title evidence. If Lender invol es the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person i~ possession of the Property~ if different, in accordance with Applicable Law. Lender shall give nc rice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice ot sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its ~esignee may purchase the Property at any sale. The proceeds of the sale shall be applied in the folh.wing order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; Ob} to all sums secured by this Security Instrument; and {c) any excess to the person or person; legally entitled to it. ;Z3, Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instn~ment. Borrower shall pay any recordation cost.~. Lender may charge Borrower a fee for releasing this Securit) Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. ]lorrower releases and waives all rights under and by virtue of the homestead exemption laws or W:'oming. I~-6(WYI (ooosl ~.;,, 13 ~ 1~ Form 3061 1/01 SEP-16-2003 TUE 01:58 PR HELLS FRROO HOME MTG FAX NO. 4025362983 P, 20/56 579 BY SIGNING I,ELOW, Borrower accepts and agrees to the terms and coven,'mta contained in thia Security Instrument a. ld in any Rider executed by Borrower and recorded with it. WitneSses: DEBORAH ~, GUTlqTJ~ -Borrower (Seal) -Borwwcr (Seal) (Seal (Seal) -Borrower (Seal) -Bl~rrowcr (Seal) -rgotrow~r 6(WYI pao~ 14. o! 15 Form 3051 1101 SEP-16-2003 TUE 01:~8 PN ~ELLS FARGO HO~E RTG F~× NO, 4025362983 580 P, 21/56 STATE OF WYOMING, The foregoing ir .~trament was acknowledged before me this by VINCENT J ~IlCTA AND DEBORA~ A GUTlqTA 'Lincoln CoUnty ss: 16th day of September, 2OO3 My Commission Exp~ res: March 12, 2005 Notary l~blic t~-6GIWYI tooo61 Form 3061 1/01 581 MANUFACTURED HOME RIDER 'FO THE MORTGAGE/DEED OF TRUST/SECURITY DEED This Rider is made tj~is SEPTEH~.R 16, 2003 , and is incorporated into and amends and supplements th~, Mortgage/Deed of Trust/Security Deed (the "Security Instrument") of the same date, given by~ the undersigned (the !'Borrower") to secure Borrower's Note [o WELLS FARGO HOM]: MORTGAGE, INC. (the "Lender") of the same date (the "Note") and covering the Property describ,,d in the Security Instrument and located at: 26 LITTLE CANY0}[ ROAD, DIAMONDVILLE, WY 83116 (Property Addres~l Borrower· and Lender: agree that the Security Instrument is amended and supplemented to read as follows: 1981~ GDBOID40865213A and B 1Il. rD # IDA!088608 and IDA 088609. · A. The Propert~ covered by the Security Instrument (referred to as "Property" in the Security Inslrument) includes, but is not limited to, the Manufactured Home (Serial Number, if ri;quired, ) affixed to the property legally described in the Security Instrument. Additional C;)venants of Borrower Borrower will comply with all state and local laws and regulations regarding the affixlltiOn 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 ail .purp~)ses, permanently affixed to and part of the property described in the Security Instrument. Affixing[he Manufactured Home to the property described in the Security Instr:~ment does not violate any zoning laws or other local requirements appl[:able to manufactured homes. NMFL #3322 03101 Page ! al 2 SEP-16-2003 TUE 0l:55 PM WELLS FARGO HOME MTG FAX NO. 4025362983 582 03/56 By signing b~]low, Borrower accepts and agrees to the terms and covenants contained in this Manufacture( Home Rider. (Seal) · eal) -~orrow~r VIi~CENT J ~I~ ~ -Borrower (Sc~) e~) · -~o~owcr DEBO~ A GUI~A -~orrow~ (Seal) (Seal) · .Borrower -Borrower (,Scm) (Seal) -Borr,.,wcr -~orrowcr STATE OF WYOMING COUNTY OF ) J, the undersigned Notary Public, in and for the aforesaid State and County, do hereby certify that VINCENT J GU'rlFr~ A~D D~O~ A GUINTA Borrower(s}, personplly appeared before me in said County and acknowledged the within instrument to be their act and deed. Given under my hand and seal this 16TH day of My commission expjres:._.!~I.arch 12, 2005 Notary Public NMFL ~3322 03/01 Page 2 ot 2