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HomeMy WebLinkAbout893855SEP 24 2003 10:05 FR WFHM 488 536 893855 8610 TO 3878779682 P. !7 RECEIVED ~LINCOLN COUNTY CLERK 03~rP25 PH 3:t~B :BOOK 53 6 PR PAGE. :' 38 State of Wyoming ~Stmee Abave TI~ Li~ For Re~ording MORTGAGE FHA C~c No. 91-0941490 '/03 THIS MORTGAGE ("Security ktstrum~t") is given on _qllPTl~mgR 24, 2003 Tne Mortgagoris CATHER'[~TS L 'I,I~t. SON, A SINGLE P~RSON ("Borrower"). This Security lnsu'um~t is §iron to W1~LLS FARGO HOME MORTGAGE, INC. which is or§anized nd existing under ~he l-~ws of THI~ STATE OF CALIFORNIA, fred whoseaddressis~'.O- BOX 20~o4, ~ ~Ol~, ~A ~03o603o4 ("~d~"). Bo.ower ow~ ~nd~ ~e pr~cip~ ~um of ~IXTY O~ THOU~ NI~: ~R~D FORTY SIX ~ 00/100 Doll.s (U.S. $*****-****~1, ~46.00 ). T~s d~t is evidenced by Bo~w~'s note dat~ ~e ~e dote ~ ~is S~urity I~ment ("Nora"), which provides for mon~ly paym~ts, wi~ ~e ~11 debt, if not p~id earlier, due md payable on OCTOBER 0~, 2033 . ~is S~ty Im~m~t secu~ to ~nd~: (a) ~e r~nt of ~e debt evidmc~ by ~e Note, with interest, ~d ~1 rmew~s, ext~ion~ ~d ~dificstions of t~e N?te;.~) ~ pny~ ?f.~l o~ su~, with intere~, ~v~c~ under p~aph 7 ~o pro~ect ~e s~ of ~s S~tty lns~nt; ~a (c) me pedo~ 0034641704 SEP 34 ~003 ]0:05 FR WFHM 40~ 53G 8Gi0 TO 91307877960~ P.I8 . 39 of Borrower's covenmts and agreements under thi~ Security lnsu'ument ~nd the Note For this purpose, Borrower does hereby mortgage, grant and convey to the Lender with power of s~Je, the follow/rig described property located County, Wyoming: in LINCOLN LOT 10 AND THE WB-~TERLY 25 YEET OP LOT 11 OF BLOCK 60P THE WILLOW ADDITION TO THB TOWN OF KEMM~P-ER, LINCOLN COUNTY, WYOMING AE DESCRIBED ON THE OFPICIAL PLAT TH~.REOF · 1982 KIT MODEL ~ KITIDM2R8279Q TASk'S IDA 060741 & 0~07%2 THIS IS A PU~CHAS~' MONEY 'SECURITY INSTRUH~NT- TAX STATEMEKT$ SHOULD BE SENT TO: WELLS FARGO HOM~ MORTGAGE., INC., P.O. BOX 10304, DES MOINES, IA 503060304 which has the address of 214 NM~ERY, KEMI~ERER Wyoroiug 83101 [Z~ ~l ('Pro~y Address"); TOGETHER WITH ~1 ~= ~ovemen~ now or her~f~ ~ea~ on ~e property, ~d dl appunenm~ ~d fix~res now or: here~er a pm of ~ propeuy. All r~la~n~s ~d a~io~ sh~[ ~so co~ered by ~ S=cu~ I~nL AIl oi ~e foreto~nt ~ referr~ m in ~is S~rity I~ m ~e "Property." BORROWER COVENANTS ~at Borrower is law~lly sei~ of ~ ~ta~ h~eby conv~ ~d h~ ~e ri~t mo~gage, grm~ ~d ~nvey the P~e~y ~d ~a~ ~e ~ope~y is u~nc~, exit for enCUmbr~~ of r~ord. Bo~ow~ wa~ts ~d will def~ gener~ly the title ~o ~e Prop~y agai~t ~1 c[~ ~ d~, subj~t to ~y encumbr~ces of r~o~. , · THIS SECURI~ INs~uMENT combin~ ~ifo~ ~v¢n~ for ~ti~fl ~e ~d non-~ifo~ wi~ li~ v~iatiom by jUfi~di~ion ~ ~nstitute a ~ifo~ s~urity i~t~ent ~vefi~ reft pro~y. Bo~ower ~d ~ ~V~~t ~d agr~ ~ follows: U~FORM COVENANTS. , ' 1. Pa~ of ~cipal~ ~t ~d ~te Ch~ge. Borrow~ sh~l p~Y wh~ due ~ pr~cip~ of, ~d ~es~ on, ~e deb~ evid~ced by ~e Note ~d late ch~ges due u~er ~e Note. 2. Mont~y Pa~t of T~x~, I~anee ~d ~h~ C~r~. Bo~o~er ~1 ~1~ [n each pay~nt. ~og~er.wi~ the pr~p~ ~d intreat ~ set fo~ ~ ~e No~e a~ ~y late chugs, a ~ for (a) ~ spe~i~ ~sess~ levi~ or to ',b~ l~ied ag~ns~ ~e Prop~. ~) leopold pay~ or gro~d'r~ts Prope~y, ~d (~) p~n~u~ for ~sur~ce require& ~der p~a~aph 4. l~ ~y Y~ in which ~e ~d~ m~t pay a ~gage ~nsur~ pre'om ~o ~e S~r~ of Ho~ng ~d Urb~ Developer (' Secre~ ), or in ~y whic~ ~uch pr~ would have b~ ~ulred if ~der still held ~he 'S~ufity ~m~t, ~ ~nlhly paint sh~ ~so include ~: (i) a s~ for ~e ~u~ n~gage insur~ pr~ ~o be paid by ~ ~o ~e or (ii) a mon~ly ch~e i~d of a ~gage i~ur~ premium if this S~ufity [~t is held by ~e in a re~onable ~o~t Io be d~e~ by the ~c~t~. Except for the mon~ly ch~ge by ~e Secre~, ~ese he~ ~e c~led "Escrow he~" ~d ~e ~ p~ to ~der are ~1~ *~s~ow Fu~s.~ ~der ~y, a~ ~y ~, ~11~ ~d hold ~un~ for Escrow I~ in ~ a~gregatc ~ount ~t to ex.ed ~im~ ~unt ~a~ may be r~quired for Bo~owe~'s escrow ~ ~der ~ Re~ ~tatc S~le~ Pr~ur~ Act of ~9~4, 12 U.S.C. Section 2601 et seq. ~d impl~nt~ regulations, ~ C~ Pa~ ~500, ~ ~ey ~Y be ~d~ from time ~o fi~ C'~SPA*), ~t ~at ~e cushion or rese~e pe~lted by RESPA for ~cipat~ d~sb~sem~ts or disb~s~ts before ~e Bo~ower's paymen~ are available in ~e a~ount ~y not be b~ on ~oun~ due for ~ mo~gage ~s~e pre. urn. SEP 24' 200~ 10:05 FR ~FHM 402 5~6 2610 TO 9]3071~779B02 P. 19 ' If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RES_PA., ]Lender shall account to Borrower for the excess funds as reqaired by RESPA. If the amounts of funds held by Len{ler at any time are not sufficient to pay the Esc'row' Items whe~ due, Lender may notify the Borrower and r~quire Borrower to real<e up the shortage as permitted by: P, ESPA. The EsCrOW Funds are pledged as additional security for ali sums secured by this Security In,strument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment iten~s (a), Co), and (c) and any mortgage insurance premium installn'~nt that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess f-ttnds to Borrower. Immediately prior to a foreclosul:e sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), Co), and (c). 3, Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Leader as follows: First., to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secre{ary i~tead of the mOnthly mo,rtgage irL~urancc premium; Sec.on__d, to any taxes, special assessments, leaiehold payments or ground .rents, and fire, flood and other hazard insurance premiums, as required; Thir___~d, to interest due under th~ Note; Fourth_, to zmonization of the principal otr the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard I. ttsura~ce. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casttalties, and contingencies, including fire, for which Lender requires insurance. This i~suranee shall be maintained in the arnoullts arid for the periods that Lender requires. Borrower shall also ins~e all improvernenxs on the property, whether now in existence or subsequently erected, against loss by floods to the extent req~.ired by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, a~d in a form a~:eeptable to, l..cnderl In the event of loss, Borrowc~ shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned i9 hereby authorized and directed to make payment for such loss directly to Lender, :instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds rru'ty be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security lrtstrarnent, first to any delinquent an~unts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repal'r of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payrl!ents which are referred to in paragraph 2, or ~ ' unt required to pay all outstanding change th6 iLrilOtmt of such payments, Any excess insurance proceeds over an ~ indebtedne-,s under the Note and this Security Instrumex~t sha{l be'p'aid'w th~ ~lttt/y'leiallY'ehtitled thereto. · In the event of foreclosure of thic Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title :and interest of Borrower in and to insurance policies in force shall pa~s to the purchaser. ' 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establhh, and use the Property as Borrower's principal residcnc~ within sixty (or within sixty days of a later sale or transfer of the property) days after the execution of this gecurity Iristrurnent and shall continue to occupy the Property as Borrower's principal residence for at lea~t one year after the date of occupancy, unless ].~nder determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are .beyond Borrower's control. Borrower shall notify Lender of any extenuating ecs Borrower shall nbt commit Waste or destroy, damage or substantially change the l>~operty or allow the circumstan · - ..... -~ ...... :"s'"'"t the Prone. ny if the Property is vacant eriorate reasonable wear and tear exceptea, ~.~au=~ ,,~ ,, ~ r Property to det ' ...... :-- to -rotect and nreserve such vacant or or abandoned or the loan is in [efault. Lender nay taxe reasonam= a~.uu, ~, r I~ltlol~- ~ . (~4RIWYI leeo4t,o, SEP ,~4 2883 tO:01~ FR LdFHH 40~ 536 ;~ISIO TO ~)1307F17791S0;> P.30 abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate inforrflation or statements to Lender (or failed to provide Lender with any material information) in connection with the Ionia evidenced by the Note, including, but not limited to, representations concerning Borrower's occupan~ of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires f~ title to the Property, the leasehold and fee tire shall not be n{erged unless Lender agrees to the merger in writing. 6. Condemnation. The procee~ of any award or claim for damages, direct or coniequential, in connection with any condemnation or other talcing of any part of the Property, or for conveyanc~ in place of condel~.nation, are hereby assigned and .~hall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instroment. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security :Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount o.f such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instruntent shall be paid to. the entity legally entitled thereto. ?. Charges to Borrower and Prote~:tion of Lender's Bights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon l.,ender's request Borrower shall promptly furnish to Lender receipts evidencing these paynaents. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in tiffs Security Instrument, or there is a legal p~oceeding that may significantly affect Lender.'s rights in the Property (su~ as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations); then Lender may do iand pay whatever is necessary to protect the value of the Property and Lender's fights in the Property, including p~yment of taxes, hazard insurance and other itero/m_~tioned in paragraph 2, Any amounts disbursed by lkender under this paragraph shall become an additional debt of Borrower: and be secured by this Security Instrumeni. These arnounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall $e immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrua~t unless Borrower: (a) agrees in writing to the payment of the obligatiori secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforccn-nent of the lien in, legal proceedings which in the Lender's opinion operate to pr~ent the enforcement of the lien; or (c) secures from the holder of the lien an agreement sltisfactory to Lender subordinating the lien to this Security Insmunent. If Lender determines that any part of the Properly is subject to a lien.Which may attain priority over this Security lnstxument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the a~tions set forth above within l0 days of the giving of notice. 8. Fees, Lender may collect Fees and charges authorized by the Secretary. 9. Grounds for Aecaleration of Debt, (a) Default, Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults,by failing to pay in full any monthly payment required by this Security Insu'ument prior to or on the due date of the next monthly payment, or (ii) Borrower defaultg by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval, Lender shall, if perrMtted by applicable law (including Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: SEP 2003 10:06 FR WFHM 402 531S 2610 TO ~1~0787751502 P.21 242 (i) All or pan of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy thc Property but his or her credit has not .been approved ia accordance with the'requiremenu of the Seeretar3~. {e) No Waiver. If circumst~ces occur that would permit Leader to reqaire immediate payment in full. but Lender does not require such payrrmmts, Lend~ does not waive its rights with respect to ~bsequent events. (d) Regulations of HUD Secretary, In many circumstances regulations issued by d~e Secretary will limit Lender's rights, in the cas~ of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instr~n~nt does not authorize acceleration or foreclosure if not.permitted by regulations of the Secretary (e) Mortgage Not lazsured. Borrower agrees ti'mt if this SecuriBr Instrument and the Note are not determined to be eligible for insurance, under the National Housing Act within 60 days from the date hereof, Lender may, stirs option, require i immediate payment in full of all s~me secured by this Security h-mtrument. A written stamment of any authorized agent of the Secrerm'y dated subsequent to 60 days froru the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such iaelisibility. Notwithstanding the foregoing, this option may' not be exercised by l_~mder when the unavailability of insurance.is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. . · 10. ReEnstatement. Borrower' has a right to be reins~ared if Lender has required immediate payr~nt in full because of Borrower's failure to pay an aniount due under the Note or this SecuriTy Instrument. This right applies even after foreclosure proceedings .are instituted. To reinstate the Security Instrument, Borrower shall lender in a lump sum all amounts required to bring Borrower's ~count current including, to the extent they arc obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclbsure proceeding. Upon reinstatement by Borrower, this Security lnstrun~nt and the obligations that it secures shall remain in effect ~s if Lende~ had not required immolate payment in full: However, Lender is not required to permit r.c-instatement if: (i) Lender h~ accepted reinsmement after the commencement of foreclosure pro6eedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not' a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or other,vise modify amortization of the sums secured by this Security lnstmrnent by reason of any demand umde by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a Waiver of Or preclude the exercise of any right or remedy. 1:1,. Successors and Assigns: Botmd; Joint and SeYerai Liability; Co-Signers. The covenants and agreements of this Sec~ity Instrument sl,mll liind and benefit the successors and a~signs of Lender and Borrower, sttbject to the provisions of paragraph 9(b). B{rrower's covenants and agreementq shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums s~cured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to e×t.end, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note ,,~ithout that Borrower's consent. SEP 24 200J 10:06 FR WFHM 482 53G 2~10 TO 9'i3078779~02 P.22 243 13. Notices. Any notice to Bert.ewer provid~ for in this Security Inslrument shall be given by delivering it or by mailing it by tirst cia.ss mail unless applicable law requires use of another meThod. The notice shall be dire:ted to The Property Address or any other address Borrower designates by notice to Lender. Any notic~ to L~der shall be given by first class mail to Lender's .~ldress s~ted herein or any address Lender designates by notice to Borrower. Any noti~ provided for in Lhis Security Instrument shall be deemed to have been given to Borrower or Lcnder when given as provided in this paragraph. 14. Governing Lawi ,%verability. This Security Instrument shall be §overned by Federal law and the law of the jurisdiction in which The Property is located. In the event that any provision or clause of this Security Imtrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security lnsu'ur~nt or the Note which can be given effect, without the conflicting PrOvision- To thh cnd the provisions of this Security lnsLrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. I-lazaxdous Substances, Borrower shall not cause 0r permit the prefenee, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone el,e to do, anythillg affecting the Property that is in violation of any Environmental Last. The preceding two sentences shall not apply to The presence, use, or storage on ihe Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any goverrm~enzal or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Bo~ower has actual knowledge. If Borrower lear~, or is notified by any govermmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessa;2' remedial actions in accordanc~ with Environmental Law. As used in this paragraph ~6, "Hazardous Substances~ are tho~ substances defined as toxic or hazardous substances by Environmental L~w and the following sllbstances: gasoline, kerosene, other flammable or toxic petroleum produczs, toxic p~sticides and herbicides, volatile solvents, materials col~taining asbestos or formaldehyde, and r~ioactive materials. As used in this paragraph 16, ~F. nvironmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: l?. Assignment of Rents. BSrrower unconditionally assigns and transfers to Lender ali the rents and revenues of the Property. Borrower auThori~s Lender or I~.nder's agents to collect the rents and revenues and hereby directs each tenant of the Proper~y to Pay the. rents ~o Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues, of the Property as trustee for the benefit of Lender and Borrower. This assignment of renu constitutes an absolute assignment and not an assignment for additional security only. If Le~der gives notice of breach to Borrower: (a) all rents received by Borrower shall lac held by Borrower as trustee i'or benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the re~t~ of the Property; and (c) each tenant of the Property shal~ pay all rents due and unpaid to Lender or Leru~r's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rems and has not and will not perform any act that would prevem Lender from exercising its fights under this paragraph 17. Lender shall not be required:to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However~ Lender o~ a judicially appointed receiver may do so at any time there is a breach. Any aplalication of rents shall not, cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Properiy shall terminate when the debt secured by the Security Instrument is paid in full. (~-4RiWYI isao~t.o~ SEP ~4 8003 10:08 FR WFHM 40a 5~ a610 TO ~l~07877B508 P.88 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, L~nder may invoke the power of sale and any other remedies permitted by applicable law. Le~der shall be entitled to collect all expenses incurred in pu_r~uing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs: of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to' Borrower and to the person in possession of the Property, if different, in accordance with applicable law. Lender shall give notice of the sale· to Borrower in the manner provided in paragraph 13. Lender shall publish the notice or s~le, and the Property sltall 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' fe~; Co) to all sums secured by ~ Security Instrument; and (c) any excess to the person or persons legally entitled to it. If the Lender's Interest in tiffs Security Instrument is held by the Secretary and the SecreAary requires immediate payment in full u~der Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family. Mortgage Foreclosure Act of 1994 ("Act") (I:Z U.S.C. 3751 et seq.) by requesting a foreclosure commLssioner desigl~ated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in :the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this P~ragraph 18 or applicable law. 19, Rdeaze- Upon payment of all sun~ secured by this Security Instrument, Lender shall releaze this Security Instrument without charge to Borro.wer. Borrower shall pay any recordation costs. 20, Waivers. Borrower waives all rightz of hom~tead exemption in the Property and relinquishes all fights of curtesy and dower in the Property. 21. Riders to this Security I~trument. If one or mare riders are executed by BorrOwer and recorded together with this Security Instrument, the' covenants of each such rider shall be incorporated into and ~xll amend and supplement the covenants and agr&-ments of this Security Instrument as ff the rider(s) were a part of this Security Ins3~ment. [Check applicable box(es)]. ~ Other Is L__l Condominium Rider , [] Growing Equity Rider pecify] [] Planned Unit Development'Rider [] Graduated Payment Rider Hanufacl;ured Home R±der 40~ 536 ~6;0 TO 9;3078779~02 P.24 45 BY SIGNING BELOW, BorrovJer accepts and agrees m the t~n'm c~nt~in~l in this Sec,urity Instrument and in an), rider(s) exeoutecl by Borrower and r~.,orded with it, CATHERZNE T, l~r.BON -Borrower _(s~al) -Borrower (Se~l) ., (Seal) -Borrower .Borrower (Seal) (Se~) -sono~er .Bo~ower (Seal) -BOrrower (Seal) -Borrows' STATE OF WYOMING, LINCOLN The forcgolng instrument was'acknowledged before ~ this SEPTBI~BBR 24TH, County sa; 2003 (daw) by CATHERINE L N~LSON My Commission Expires: f~iEU. EY SANoN-L · HOT/~ RtJ~UC (,person Nom,-/Public P~ge 80~ R SEP 24 003464'1'104 2003 10:07 FR bJFHr'l 408 536 8510 TO 91307877~G02 P.25 MANUFACTURED HOME RIDER TO THE MORTGAGE/DEED OF TRUST/SECURITY DEED This Rider is made this 5]~yTIDi~ER 24, 2003 , and is incorporated into and amends and supplements the Mortgage/Deed of Trust/Security Deed [the "Security Instrument") of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to W'ZLL9 ~AROO HOI, IZ ~IoR'rOAG~, TI~. . (the "Lender") of the some date {the "Note") and covering the Property described in the' Security Instrument and located at: 214 ~RY, K]DgH~I~I~R, WY 83101 {proportV Borrower and Lender agree that the Security Instrument is amended and supplemented to read as follows: A. The Property covered by the Security Instrument (relerred to as "Property" in the Security lnstrumenti'includes, but i9 not limited to, the Manufactured Home (Serial Number, if required,' ' ) affixed to the.property legally described in the Security Instrument. B. Additional Covenan{s of Borrower 1. B°rrower will comply with all state and local laws and regulations regarding the affixation of'the Manufactured Home to the property described in the Security Instrument including, but not limited to, surrendering the Certificate of Title required) and obtaining the requisite governmental approval and accompanying documentation necessary to classify the Manufactured Home as real property under state '.end local law. 2. The Manufactured Home described above will be, at all times and for all purposes, Rermanently affixed to and part of the property described in the Security Instrument. 3. Affixing th~ Manufactured Home to the property described in the Security Instrument does not violate any zoning laws or other local requirements applicable to manufactured homes. NMFL ~e3321 03101 Page I ol Z SEP 84 2003 10:07 FR WFHM 402 53g 8~!0 TO ~1007877gG02 P.PE; By signing below, Borrower accepts and agrees to the terms and covenants contained in this Manufactured Home Rider. '-Borrower CATHERII~ L NELSON -B~rrower (Seal) (Seal) -~owcr -J~ofrowcf -B0lTowcf (Se~l) -][JolTower (Seal) (Seal) -IloITow~r -Boll~wcr STATE OF WYOMING : ) )ss. COUNTY OF LINCOLN } I, the undersigned Notary Public, in and for ~he aforesaid State and CounW, do hereby certify that : CATHERIN~ L N~LSON Borrower(s), personally apl:ieared before me in said County and acknowledged the within $]~PTEMiBBRinstrument to be ,heir act alnd deed,, 2 0 0 3 Given under my hand ~~:TH /~.~ dayof ~~~ a No~.ry Puc My commission expires: NMFL ~3323 03/01 Page 2 of 2 SEP ~4 2003 ~0:07 FR WFHH ~0~ 536 ~6t0 TO 91307877960~ P.;~7 t~ TAX-EXEMPT FINANCING RIDER IPH^ C~sc No. 591-09~1490 703 THIS TAX-EXEMPT FINANCING RIDER is made this2 %TH day of sg~T~mga , 2003 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of the same date given by the mldersigned ("Borrower") to secure Borrower's Note ("Note") to}TELLS FA.ROg HOMll MORTGAGE, INC. CLender") of the same date and covering the Property described in the Security Instrument and located at: 214 E~RY, I~I~Ii~tRER, Wi 83101 [Proptrty Addrc~] ' ADDITIONAL COVENANTS. l.n addition to the covenmts and agreementz marie in the Security Instrument, Borrower and Lehder further covenant end agree to amend Paragraph 9 of the Security Imqtrument, entitled "Grounds For Acceleration of Debt," by adding additional grounds for acceleration as follows: . Lender, or such of its successors or ~signs as may by separate instrument assume responsibility for assuring compliance by the Borrower with the provisions of this Tax-Exempt Financing Rider, may require imm~iate payrhent in full of all surn~ secured by this Security Instrument if: (a) All or part of the Property is sold or other~uise transferred by Borrower to a purch~cr or o~er transfcree:, (i) Who cannot reasonably be expected to occupy the Property as a principal resid'mce within a reasonable time after the sale or tranzfer, all as provided in Section 143(c) and 0)(2) of the Internal Revenue Code; or (ii) 'Who has had a present ownership interemx in a principal residence durir~g any part of the three-year period ending on the date of the tale or transfer, all ~ provided in Section 143(d) and 0)(2) of the Internal Revenue Code (except that "100 percem" shall be mlbstituted for "95 percent or more" whelc the latter appears in Section 143(d)(1)); or FHA MulU~te Tax-Exempt Fln~nklng P.,idR- Page 1 of 2 VMP MORTGAGE FORMS - {80,01521-72§1 SEP 24 2883 10:87 F~ WFHM 402 536 P~!O TO 9!3078779~02 P.SB (iii) At an acquisition co~ which is greater thru 90 percent of the average ~rea purchase price (greater than 110 percent for targeted area residences), all as provided in Section 143(e) and 0)(2) of the Internal Revenue Code~ or (iv) Who has a gross family interne in excess of the applicable median family income as provided in Section 143(f) and (0(2) of t. he Internal Revenue Code; or (b) Borrower fails:to occupy the Propelly describcd in the Secur. ity without prior written consent of Lender or its successors or assigns oe~cnoe~ at beginning of this Tax-Exempt Fin~clng Rider, or (c) Borrower omit~ or misreptesems a f~t that is material with respect to the provisions of Scc'~i0n 143 of the Internal Revenue Code in an application for Ge loan secured by this Sectlfity Instrument. ' · References are to the Internal Revenue Code as amended and in effect on the date of issuance of bonds, the proceeds of Which will be used to finance the purchase of the Security Instrument and are deemed to include the implementing regulations. BY SIGNING BELOW Borrower accepts and agrees to the terms and covenants contained in this Tax-Exempt Pinancing Rider." ' .Borrower II~ L I~LSON .Borrower (Seal) (Seal) -~]orrowet -~o~owe? (Se~l) (Seal) · Borrower -]~oHow~' (Se~) (Se.l) .Borrower -Borrower (~587U (9705) Page 2 el 2