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HomeMy WebLinkAbout898031 :-;: ':; - ,.' .': :' - ,,.. ;-..,, .. . .... :':.:. .- ...:. !.-' '...,:, . Remrn To: WELLS FARGO HOME MORTGAGE, INC. 3601 MINNESOTA DR. SUITE 200 BLOOMINGTON, M24 55435 REOEIVED LINCOLN COUNTY CLERK 898O31 Prepared By: WELLS FARGO HOME MORTGAGE, INC. 1919 DOUGLAS,, 681010000 OMAHA, NE ]Space Above Tiffs Line For Recording Data] MORTGAGE 550 DEFINITIONS Words used in multiple sections of this docmnent are defined below and other words are defined in Sections 3,' 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is datedlO, ROH 19, together with all Riders to this document. 0t) "Borrower" is ROBERT C CHRISTIE AND JOyOE ANN CHRISTIE, 2004 HUSBAND A-ND WIFE Borrower is the mortgagor under this Security Instrument. (C) "Lender"is WELLS FARGO HOME MORTGAGE, INC. Lender is a CORPORATION organized and existing under the laws of THE STATE OF CALIFORNIA 0037990777 WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 1 of 15 Initi~18:~ VMP MORTGAGE FORMS - JSOOJ621 -V72~'1~ Form 3051 1/01 ,'u::;31;{:"::''., .." . ' ' ':' '.':... Lender's address is P.O. BOX 10304, osssoa . B_-.-.. 6ss DES MOINES, IA 503060304 Lender is the mortgagee under this Security Instrument. (D) "Note" means the pronfissory note signed by Borrower and datedY~aCH 19, 200,t The Note states that Borrower owes Lender TWO HUNDRED THOUSAND .KND 00/100 Dollars (U.S. $ * * * * 2 00,000.00 ) plus interest. Borrower has pronfised to pay this debt in regular Periodic Payments and to pay the debt in full not later than APRIl'. 01, 203,1 0g) "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 Instrun~ent, 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]: ~ Adjustable Rate Rider ~] Condonfi~fium Rider [~ Second Hmne Rider ~ Balloon Rider ~ Planned Unit Development Rider [--] 1-4 Family Rider ~'] VA Rider ~'~ Biweekly Payment Rider F-] Other(s) [specify] 0t3 "Applicable Law" means all Controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (flint have fire effect of law) as well as all applicable final, non-appealable judicial opi~fions. (l) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condonfinium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or nmgnetic 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, autoxnated teller machine transactions, transfers initiated by telephone, wire transfers, a~d auto~nated clearinghouse transfers. (IQ "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any cmnpensation, settlement, award of damages, or proceeds paid by any fltird party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) daxnage to, or destruction of, the Property; (ii) condenmation or other taking of all or any part of the Property; (iii) conveyance in lieu of condenmation; 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 nfight be amended frum time to time, or any additional or successor legislation or regulation that goverus the sa~ne subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" evfin if the Loan does not qualify as a "federally related mortgage loan" under RESPA. Initials: , (~-6(WY} (ooos) P~g. 2 o~ ~s Form 3051 1101 (P) "Successor in Interest of Borrower" means any party that ]las taken title to rite Property, whether or not that party has assumed Borrower's obligations under tile Note and/or tiffs Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of tile Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument 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, file following described property located in the COUNTY of LINCOr. N : [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE ATTACHED *SEE ADJUSTABLE P~ATE RIDER TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, BOX 10304, DES MOINES, IA 503060304 INC. , P.O. ParcellD Number: 12361922100062 & 200 694 ALPINE HILLS DR ALPINE ("Property Address"): which currently has the address of [Street] [City] , Wyoming 8 312 8 [Zip Code] TOGETHER WITH all the i]nprovements now or hereafter erected on file property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey file Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURiTY INSTRUMENT combines uniform covenants for national use and non-uxfiform covenants with limited variations by jurisdiction to constitute a mfiform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by file Note and any prepayment charges and late charges due under the 'Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under fl~e Note and this Security Instrument shall be nmde in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Initial ' {~)~-6(Wy) (0005) Page 3 o~ ~6 Form 3051 1/01 qoo 0898031. Security Instrument is returned to Lender unpaid, Lender nmy require that any or all subsequent payments due under tile Note and this Security Instrument be made iu 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 ins6tution 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 tile 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 paymem if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereuMer or prejudice to its rights to refuse such payment or partial 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 nmy hold such unapplied ftmds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender 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 iImnediately 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 aM fids Security Instrument or perfornfing the covenants and agreements secured by this Security Instrument. 2. Application of Payments" or Proceeds. Except as otherwise described in this Section 2, all payments, accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such pay~nents shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to auy 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 to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To file extent that any excess exists after the payment is applied to file full pay~nent 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 file Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone file due date, or change file a~nount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a)'taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiulns, if any, or ally stuns payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with file provisions of Section 10. These items are called "Escrow Items." At origination or at any time during file term of the Loan, Lender nmy require that Comlmmity 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 ainounts to be paid under this Section. Borrower shall pay Lender the Funds lbr Escrow Items mfless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver nmy only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts ~6(WY) tooo~) Pag, 4 of ~5 Form 3051 1/01 due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligatiou to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" ~s used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender inay 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 Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at file time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow 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 is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay file Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower lbr holding and applying the Funds, ammally 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 to be paid on the Funds, Lender shall not be required to pay BorroWer any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If 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. If there 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 titan 12 monthly payments. If there is a deficiency 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 deficiency in accordance with RESPA, but in no more than 12 mouthly payments. Upon payment in full of 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 Conmmnity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Burrower 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 nmnner acceptable to Lender, but tuffy so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are peuding, 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 Security Instrument. If Lender deternfines 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 initials: ,~'~,~ ~ (~'O(WY)(ooo8} Pag, So,,S ~.C '~'~ Form3051 1/01 lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy rite lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not linfited to, earthquakes and floods, for which Lender requires insurance. This insurance shall'be maintained in rte amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to file 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, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each tilne remappings or similar changes occur which reasonably nfight affect such deternfination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to n~aintain any of the coverages described above, Lender may obtain insurance coverage, at Leuder's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but nfight or ]night not protect Borrower, Borrower's equity in file Property, or rite contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained nfight 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 /'rom fl~e date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage 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 the 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 Lender, shall be applied to restoration or repair of the Property, if file restoration or repair is econondcally 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 i]tspection shall be undertaken promptly. Lender imqy disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be file sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with (~-6(WY) (0005) P~g. ~ o~ ~5 qC ' Form 3051 1/01 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 Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when rite .notice is given. In either event, or if Lender acquires file 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 file Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights 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 after the date of occupancy, mdess Lender otherwise agrees in writing, which consent shall not be um-easonably wiflfl~eld, 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 connnit 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 iu value due to its condition. Unless it is detemfined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if 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 repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for' the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If 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 file improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower 'or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in counection 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 condenmation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrmnent; (b) appearing in court; and (c) paying reasonable i nit i al s: (J'~C.~ (~-6(WY) ,ooosl P~7o, ,~ ~"~C "~",3 Form 3051 1/01 :{; :':i';}i/:?.;i i::{.,}}.{? .;,..' .: 0898031. attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including' its secured position iu a bankruptcy proceeding. Securing the Property includes, but is not linfited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water front pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Sectiou 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking airy or all actions authorized under Otis Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of BOrrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from rite date of disbursement and shall be payable, with such interest, upon notice front Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, rite leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Iusurance.. If Lender required Mortgage Iusurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward rite prenfiums for Mortgage Insurance, Borrower shall pay the prenfimns required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of rite Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Iusurance coverage is not available, Borrower shall conti~me to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that rite Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or eanfings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in rite amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward rite premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a Condition of making the Loan and Borrower was required to nmke separately designated payments toward rite premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Iusurance in effect, or to provide a non-refmtdable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until terntination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or 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 rite Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify fl~eir risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and rite other party (or parties) to these agreements. These agreements may require the mortgage i~ksurer to nmke payments using any source of funds that rite mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). AS a result of fl~ese agree~nents, Lender, any purchaser of the Note, auother insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for lVlortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange tbr a share of the premimns paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower bas agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe l'or Mortgage Insurance, and they 'will not eutitle Borrower to any rel'und. · Initials: (~-6(WY) (ooos) P~e8ot ~6 ~.C - 'A Form 3051 1/01 (b) Any such agreements will not affect tile 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 halve 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 bas been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for file repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Uniess 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 ioterest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not econonfically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to file stuns secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whefller or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destructiOn, or loss in value of the ProPerty in which the fair market value of the Property ixmnediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of file stuns secured by this Secm'ity Instrument i~mnediately before rile partial taking, destruction, or loss in value, mLless Borrower and Lender otherwise agree in writing, the stuns secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) file total amount of the sums secured inmiediately before the partial taking, destruction, or loss in value divided by (b) file fair umrket 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 iu which the fair nmrket value of fire Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss ii1 value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the stuns are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for dankages, Borrower fails to respond to Lender within 30 days after 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 Iustrument, whether or not then due. "Opposing Party" means the third party fllat 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 that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrulnent. Borrower can cure such a default and, if acceleration has occurred, reinState as provided in Section 19, by causing the action or proceeding to be disinissed 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 Security 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 of the Property shall be applied in the order provided for in Section 2. Initial$:~ (~'6(WYI,ooo5) Pag, ao,,6 ~-~C a a Form 3051 1/01 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceediugs against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the stuns secured by this Security Instrument by reason of any denmnd nmde by file original Borrower or any Successors in Interest of Borrower. Any tbrbearance by Lender in exercising auy 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 Instnunent 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 acconm~odations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, ally Successor in Interest of Borrower who assuxnes 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 benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in co~mection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under fids Security Instrument, including, but not linfited tO, attorneys' 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 fids Security Instrument or by Applicable Law. If file Loan is subject to a law which sets maximum loan charges, and that law is fi~mlly interpreted so that the interest or other loan charges collected or to be collected in comlection 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 penuitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made 'by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when nmiled 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 mfless Applicable Law expressly requires otherwise. The notice address shall be file 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 o~fly one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by uotice to Borrower. Any notice in com~ection with fids Security 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 file correspondiug requirement under this Security Instrument. Initi~l~: ~ (~)~-6(WY) IO00~) Page lO of lS ~' ' , Form 3051 1/01 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirexnents and linfitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it nfight be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provisiou or clause of this Security Instrument or tile-Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security [nstnunent or the Note which can be given effect without tile conflicting provision. As used in tlfis Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the fenfinine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "nuly" 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. Trausfer of the Property or a Benei~cial 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 auy Interest in the Property is sold or transferred (or if Borrower is not a uatural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require in~anediate pay~nent 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. If Lender exercises axis option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the nonce is giveu in accordance with Section 15 within which Borrower must pay all stuns secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may iuvoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 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) five days before sale of the Property pursuant to any power of sale Contained in this Security Instrument; (b) such other period as Applicable Law might specify for the tennimition of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrmnent. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasoxmble attorneys' fees, property inspection and vahtation fees, and other fees incurred for rite purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasmmbly 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 Otis 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 Leuder: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawu 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 htstrument aud 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 tiffs Security Instrumen0 can be sold one or more times without prior notice to Borrower. A sale nfight result in a change in the entity (known as file "Loan Servicer") that collects Periodic Payments due under the Note and this Security Ihstrument and performs other mortgage loan servicing obligations under the Note, tiffs Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of ale Note. If there is a change of the Loau Servicer, Borrower will be given written notice of the chauge which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other infnrmation RESPA -' Initials:~ (~)~-6(WY) Iooo[) r~, ~, o, ,6 {~Z.c- % % Form 3051 1/01 08 80al. requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan serviciug obligations to Borrower will renmm with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser uxfless otherwise provided by the Note purchaser. Neither Borrower nor Lender nmy conm~ence, 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 file 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 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. The notice of acceleration and opportunity to cure given to Borrower pursuant to Sectiou 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and file following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fornmldehyde, and radioactive nmterials; (b) "Enviromnental Law" means federal laws and laws of the jurisdiction where the Property is located that 'relate to health, safety or enviro~m~ental protection; (c) "Envirmunental Cleanup" includes any response action, remedial action, or removal action, as defined in Envirorm~ental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Enviromnental 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 Enviromnental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of file Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but uot linfited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, denmnd, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Enviroiunental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not linfited 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 affects the value of the Property. If Borrower learns, or is notified by any govermnental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Enviromnental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 nnless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default mnst be cured; and (d) that failure to core the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or 'before the date specified in the notice, Lender at its option may require immediate payment in 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 the 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 of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of rite fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and 'by virtue of the ho~nestead exemption laws of Wyoming. ~-6(WY) Iooo51 Page 13 o~ t5 Form 3051 1/01 08D8031. BY SIGNING BELOW, Borrower accepts and agrees to fl~e terms and covenants contained in tiffs Security Instrument and in any Rider executed by Borrower and recorded with it. ROBERT C CHRISTIE (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Scad -Bo~ower (Seal) -Bo~ower (Seal) -Borrower (Seal) -Borrower (~;6(WY) looo5) Page 14 of 15 Form 3051 1/01 STATE OF ~Y4~R~(~, Florida The foregoing instrument was ac 'knowledged before me this by ROBERT C CHRISTIE AND JOYCE ANN CHRISTIE [ ' County ss: 19th day of March, 2004 My Commission Expires: Nom,~ Public GIRLIE ORT1Z NOtapJ Publlci State of Florida  y Comrn. Expires Aug. 20, 2007 No. DD243339 (~)~6G{WY} Iooo51 Page 15 of 15 Form 3051 1/01 LEGAL DESCRIPTION That part of the E½NE~,4 and that part of the NV2SEt,4 of Section 22 and that part of the Wl/2NW~A of Section 23, T36N RI 19W of the 6th P.M., Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 242PR on page 105, described as follows: thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence BEGINNING at the intersection of the west line of said tract of record in Book 242PR and the centerline of an existing access road, N 00011.2, E, 327.96 feet from the southwest corner of said tract and S 19o45.8, W, 2465.37 feet from the northeast corner of'said Section 22, found as described in the Certified Land Corner RecOrdation Certificate filed in said Office; thence coursing said centerline as follows: thence N 45°11.5'E, 75.68 feet to the beginning of a circular curve to the right; thence northeasterly, 98.25 feet, along the arc of said curve through a central angle of 39°52.4', having a radius of 141.18 feet, to the end of said curve; N 85°03.8 E, 166.52 feet to the beginning of a circular curve to'the left; northeasterly 89.96 feet, along the arc of said curve through a central angle of 47 °20.1', having a radius of 108.89 feet, to the end of said curve; N 37043.7' E, 143.24 feet to a point; N 30022.2, E, 88.18 feet to the beginning of a circular curve to the right; northeasterly, 162.49 feet, along the arc of said curve through a central angle of 63°52.7', having a radius of 145.75 feet, to the end of said curve; S85 °45.1' E, 87.68 feet to the beginning of a circular curve to the left; northeasterly, 130.02 feet, along the arc of said curve through a central angle of 73°12.4', having a radius of 101.76 feet, to the end of said curve; N 21°02.5' E, 195.97 feet to the beginning of a circular curve to the left; northeasterly, 85.34 feet, along the arc of said curve through a central angle of 21 o 10.7', having a radius of 230.86 feet, to the end of said curve; N 000083, W, 23.36 feet to the beginning of a circular curve to the right; northeasterly, 117.71 feet, along the arc of said curve through a central angle of 56°06.0', having a radius of 120.21 feet, to the end of said curve; N 55057.7' E, 21.67 feet to the intersection of said centerline with the east line of said tract in Book 242PR; AND leave centerline; S 00011.5, W, 36.28 feet, along said east line to a point on the southerly right-of-way line of an existing access road; continuing S 00011.5, W, 1031.25 feet to a brass cap; S 58009.9, W, 49.95 feet, along the southeasterly line of said tract in Book 242PR, to a bathey; S 47°28.1' W, 127.12 feet, along said southeasterly line to a bathey; S 86000.4, W, 862.64 feet, along the southerly line of said tact in Book 242PR to the southwest corner of said tract, marked by a brass cap; N 00o11.2, E, 327.96 feet, along the west line of said tract in Book 242PR to a point on the southerly right-of-way line of an existing access road; continuing N 00011.2, E, 40.68 feet to the INTERSECTION oF BEGINNING. FIXED/ADJUSTABLE RATE RIDER (One-Year Treasury Index - Rate Caps) THIS FIXED/ADJUSTABLE RATE RiDER is made this 19 TH day of MARCH, 2004 , 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 ("Borrower") to secure Borrower's Fixed/Adjustable Rate Note (the "Note") to WELLS FARGO HOME MORTGAGE, INC. ("Lender") of the same date and covering the property described in the Security Instru~nent and located at: 694 ALPINE HILLS DR, ALPINE, WY- 83128 [Property Address] THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY, ADDITIONAL COVENANTS. In addition to the covenants and agreements nmde in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 4.500 %. The Note also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of APRIL, 2011 , and the adjustable interest rate I will pay nmy change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which lny adjustable interest rate could change, is .called a "Change Date." 0037990777 MULTISTATE FIXED/ADJUSTABLE RATE RIDER - ONE-YEAR TREASURY INDEX- Single Family - Fannie Mae Uniform Instrument VMP MORTGAGE FORMS- mO01S2~-7~9~ (B) The Index Begimfing with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant matUrity of one year, as nmde available.by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Iudex." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me uotice of fids choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND THREE-QUARTERS percentage points ( 2. 750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate mail the next Change Date. The Note Holder will then determine fl:re amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.500 % or less than 2.750 %. Thereafter, ~ny adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 9. 500 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment begi~ming on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or ~nail to me a notice of any changes in xny initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change:' The notice will include the amount of lny monthly payment, any infornmtion required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF TIlE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrower's i~fitial fixed interest rate chauges to au adjustable interest rate under the terms stated in Section A above, Unitbnn Cove~mnt 18 of the Security Instrument shall read as follows: Initials.' ~~ (~843R (0006) Page 2 of 4 Form 3182 1/01 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 Ibr 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 ~mtural person and a beneficial interest iu Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Sec~,~rity Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is giveu in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these stuns prior to the expiration of this period, Lender nmy invoke any remedies permitted by this Security Instrument w~thout further notice or demand on Borrower. 2. When Borrower's i~fitial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A ab°ve, Uniform Covenant 18 of the Security Instrument described in Section B1 above shall then cease to be in effect, and the provisions of Uniform Covenant 18 of file Security Instrument shall be amended to read as follows: 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 lmtural person and a beneficial interest iu Borrower is sold or transferred) without Lender's prior written consent, Lender may require innnediate 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. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender i~fforination required by Lender to evaluate tile intended transferee as if a new loan were being made to the transferee;, and (b) Lender reasonably deternfines that Lender's security will not be impaired by the loan assuInption and that the risk of a breach of any core,bant or agreement in this Security Instrument is acceptable to Lender. To the extent pemfitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require tile transferee to sigil an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the proufises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instmn~ent unless Lender releases Borrower in writing. If Lender exercises the option to require inunediate payment in full, 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 nmst pay all ~1~843R (0006) Page 3 of 4 Initials :q?¢-/~--/ Form 3182 1/01 sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender nmy invoke any remedies perufitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fixed/Adjustable Rate Rider. ROBERT C CHRISTIE -Borrower ~OYC~ ANN CHRISTIE -Borrower (Seal) (Seal) -Bo~ower -no.ewer (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (~843R (0006) Page 4 of 4 .. Form 3182 1/01