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HomeMy WebLinkAbout898442. .:,.?-:." . ..... . ::, .,,:,_ ':' .. ,}, Return To: WELLS FARGO HObtE MORTGAGE, INC. 3601 MINNESOTA DR. SUITE 200 BLOOMINGTON, M_N 55435 898¼142 Prepared By: WELLS FARGO HOME MORTGAGE, INC. 1919 DOUGLAS,, OMAHA, 681010000 NE [Space Above Tiffs Lh~e For Recordiag Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain roles regarding the usage of words used in this doCmnent are also provided in Section 16. (A) "Security Instrument" means fids document, which is datedAPRIL 08, 2004 together with all Riders to this document. (B) "Borrower" is RONALD C SCHUPP AND PAMALA SCHUPP, HUSBAND AND WIFE Borrower is the mortgagor under this Securi£y Instrument. (C) "Lender" is WELLS FARGO HOME MORTGAGE, INC. Lender is a CORPORATION orga~fized attd existing under the laws of THE STATE OF CALIFORNIA 0041243122 WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (~®-6(WY) (ooos! VMP MORTGAGE FORMS- (80OI521-7291 Form 3051 1/01 Lender's address is P.o. Box 10304, DES MOINES, IA 503060304 Lender is the mortgagee uuder fids Security Instrument. (D) "Note" means the pronfissory note signed by Borrower and datedAPRIr, 0 8, 2 004 The Note states that Bon'ower owes Lender ONE HUNDR~..D FORTY BIX THOUSAND ONE HUI~R~..D Kt, m 00/100 Dollars (U.S. $ * * * * 146,100.00 ) plus interest. Borrower has promised to pay flits debt in regular Periodic Payments and to pay the debt in full not later than mY 01, 2034 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (la) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges aud late charges due under rite Note, and all sums due under fids Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrmnent that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ~ Adjustable Rate Rider [-~ Condonfinium Rider [-~ Second Home Rider [--] Balloon Rider ~ Plam~ed Unit Development Rider [-~ 1-4 Family Rider [] VA Rider [~ Biweekly Payment Rider ~ Other(s) [specifyl (H) "Applicable Law" ineans all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. il) "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 sinfilar paper instrument, which is initiated through an electronic temfinal, telephonic iustrument, computer, or magnetic tape so as to order, instruct, or authorize a fi~mncial institution to debit or credit an account. Such term includes, but is not liufited to, point-of-sale transfers, autonmted teller nmchine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that ard' described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of rtaumges, or proceeds paid by any tlfird party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condenmatiou 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. 0kl) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. ON) "Periodic Payment" means rite regularly scheduled amouut due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security hkstrument. (O) "RESPA" ~neans the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation flint governs fl~e same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are i~nposed in regard to a "federally related mortgage loan" even ii' the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to rite Property, whether or not that p'.arty has assumed Borrower's obligations under the Note and/or fids Security Instrument, TRANSFER OF RIGHTS IN THE PROPERTY This Security hkqtrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security [ustrument 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. rite following described property located in the COUNTY of LINCOLN : [Type of Recording Jurisdiction] [Name of Recording Jurisdiction[ LOT 47 OF STAR VALLEY RANCH PLAT 17, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. *SEE ADJUSTABLE RATE RIDER TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, BOX 10304, DES MOINES, IA 503060304 INC., P.O. ParcellD Number: 12-3518-32-3-020.00 56 MIDDLE BRANCH CT THAYNE ("PrOperty Address"): which cm-rently has rite address of {Street] [City] , Wyolning 8 312 7 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additio~ks shall also be covered by this Security Instrument. All of the forego,ns is referred to in this Security Instrument as the "Pr0perty." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the 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 mfiform covenants for national use and non-mfiform covenants with linfited variations by jurisdiction to constitute a unitbrm 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 the 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 the Note and this Security Insu-mnent shall be nmde in U.S. currency However, if any check or o'ther instrument received by Lender as payment under the Note or this 08: 84q,8 Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and fids Security Instrument be nmde in one o~' more of the following 'lbrms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or caslfier's check, provided any such check is drawn upon an institution whose deposits are insm'ed by a federal agency, instrumentality, or entity; or (d) Electro~fic Fuuds Transfer. Payments are deemed received by Lender when received at fl~e location desigm~ted in the Note or at such other location as nmy be designated by Lender in accordance with the notice provisions in Section 15. Lender may retm'n any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender nmy accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder 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 pay~nents are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower nmkes payment to bring the Loan current. If Borrower does not do so wiflfin a reasmmble period of time, Lender shall eifl~er apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstandiug principal balance under the Note innnediately Prior to foreclosure. No offset or claim wlfich Borrower might have now or in the future against Lender shall relieve Borrower froln ma~ng payments due under the Note and fids Security Instrument or perfornfing the covenauts and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as oflierwise described in fids 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 fl~e Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Paylneut in the order in which it became due. Any renmining ainounts shall be applied first to late charges, second to any ofl~er amounts due under tlfis Security II~strulnent, 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 nmy be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender nmy apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. vohmtary prepayments shall be applied first to any prepay~nent charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaueous Proceeds to principal due under the Note shall not extend or postpone the due date, or change file amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on file day Periodic Payments are due under the Note, until the Note is paid in full, a stun (the "Fuuds") to provide for payment of amounts due ibr: (a) taxes and assessments and other items which can attain priority over tiffs Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premimns for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance prenfiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These itents are called "Escrow Itmns." At origination or at any time during the term of the Loan, Lender may require flint Conunmfity 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 furn/sh to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender nmy waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts Initials:~ (~-6(WY) Iooos} Page4 of ~5 Form 3051 1/01 0S 2442 due tbr any Escrow Items for which payment of Funds has been wmved by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to nmke such payments and to provide receipts shall tbr all pm-poses be deemed to be a covenant and agreement contained in this Security Instrmuent, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due tbr an Escrow Item, Lender umy exercise its rights under Section 9 and pay such amount and Borrower shall then b'e obligated under Section 9 to repay to Lender auy 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 Fuuds, 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 fl~e Funds at the time specified uuder RESPA, and (b) not to exceed the nmximum amount a lender can require under RESPA. Lender shall estimate the amount of Fuuds due on the basi~ of cnrrent data and reasonable esti~nates 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 for holding and applying the Funds, annually analyzing fl~e escrow account, or verifying the Escrow Items, uuless Lender pays Borrower interest on tim 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 file Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If fl~ere 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 shalI notify Borrower as required by RESPA, and Bon'ower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Bon'ower as required by RESPA, and Borrower shall pay to Lender file amount, necessary to nmke up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Lieus. 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 auy, and Colmnunity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the ~nam~er provided in Section 3. Borrower shall promptly discharge any lien which has priority over fids Security Instrument mfless Borrower: (a) agrees in writing to fl~e payment of the obligation secured by the lien in a umnner acceptable to Lenderl but only so long as Borrower is performing such agreement; (b) contests the lieu in good faith by, or defends against entbrcement of the lien in, legal proceediugs which in Lender's opi~fion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordi~mting the lien to this Security Insmnnent. If Lender determines that any part of the Property is subject to a lien which can attain priority over this SecuritY h~strument, Lender nmy give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set tbrth 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 cmmection with this koan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for Milch Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of file 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 nmy require Borrower to pay, in connection with this Loan, either: (a) a one-ti~ne charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone deternfination and certification services and subsequent charges each dine renmppings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible Ibr file payment of any fees imposed by the Federal Emergency Management Agency in com~ectiou with the review of any flood zone deternfination resulting from au objection by Borrower. If Borrower tails to maintain any of the coverages described above, Lender nmy obtain insurauce coverage, at Lender'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 might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage thau was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained nfight sigtfificantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice frmn Lender to Borrower requesting paymem. 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 premimns and renewal notices. If Borrower obtains any form of iusurance 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 au additional loss payee. In the event of loss, Borrower shall give prompt notice to file insurance carrier and Lender. Lender .,may make broof of loss if not made pr0mpdy by Borrower. Unless Lender and Borrower otherwise agree tn writing, any insurance proceeds, whether or not the underlying i~tsurance Was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is 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 ixtspection shall be undertaken promptly. Le~vler may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or eanfings on such proceeds. Fees for public adjusters, or oflter third parties, retained by Borrower shall not be paid out of the insurauce proceeds and shall be the 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 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 claiur and related matters. If Borrower does not respond within 30 days to a notice t¥om Lender fl~at file insurance carrier has offered to settle a claim, then Lender nmy negotiate and settle the claim. The 30-day period will begin when file notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed fire amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned prenfimns paid by Bm-rower) 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 fl~e Property or to pay amounts unpaid under the Note or tiffs 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 p.rincipal residence for at least one year after the date of occupancy, mfless Lender otherwise agrees in writing, which consent shall not be um:easonably wifld~eld, or mfless 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 co,muir waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not eco~mmically feasible, Borrower shall promptly repair the Property if dalnaged to avoid further deterioration or damage. If insurance or condenmation proceeds are.paid in connection with da~nage to, or the taking of, the Property, Borrower shall be responsible for repairing Or restoring file Property oxfly if Lender has released proceeds for such purposes. Lender may disburse proceeds tbr the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condenumtion proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for file completion of such repair or restoration. Lender or its agent ]nay make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the ilnprovements on the Property. Lender shall give Borrower notice at file time of or prior to such an imerior inspection specifying such reaso]mble cause. 8. Borrower's Loan Applicatiou. Borrower shall be in default if, during fl~e Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Bon'ower's knowledge or consent gave materially t:alse, misleading, or im~ccurate information or statements to Lender (or failed to provide Lender with material informatiox0 in cmmection with file Loan. Material representations include, but afe not limited to, representations concenfing 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 nfight significantly affect Lender's interest in the Property and/or rights under this Security Instrmnent (such as a proceeding in bankruptcy, probate, tbr condem~mtion or forfeitm'e, 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 thc Property, and securing and/or repairing the Property. Lender's actions can include, but are not li~nited to: (a) paying any sums secured by a lien which has Priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable Initials:~~~ (~6(Wy) looosl P.g~Tof ~s ' Form 3051 1/01, attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing tile Property iucludcs, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditious, and have utilities turned on or off. Although Lender nmy take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Auy 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 file date 'of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Iustrument is on a leasehold, Borrower shall comply with all the provisions of flxe lease. If Borrower acquires fee title to the Property, file leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay rte 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 Bon-ower was required to nmke separately designated payments toward the prenfiums tbr Mortgage Insurance, Borrower shall pay the prenfiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substautially equivalent to fl~e cost to Bm'rower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Leuder. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the an~ount 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, notwifl~standing the Ihct that the Loan is ultimately paid in full,, and Lender shall not be required to pay Bon'ower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the 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 the premimns for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of inaking the Loan and Borrower was required to lnake separately desigl~ated payments toward the premiums tbr Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect~ or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance wifli any written agreement between Borrower and Lender providing for such temtination or until termination is required by Applicable Law. Noflfing in fids Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage fusurance reimburses Lender (or any entity that pm-chases the Note) for certain losses it nmy incur if Borrower does not repay the Loan as agreed. Borrower is not a party to file Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and nmy enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and dm other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer lnay have available (which may include fuldS obtained fi'om Ivlortgage Insurance premiums). As a result of these agreements, Leuder, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, 'in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides tlmt an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the prenfiums paid to the insurer, the arrangement is often termed "captive reinsurance. ".Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for MOrtgage Iusurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any rebind. Initlals:~ (~-6(WY) 1ooo5) "Page 8 Of 16 Form 3051 1/01 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Itomeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, ami/or to receive a refund of any Mortgage Insurance pre~niums that were unearned at the time of such cancellation or ternfination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is danmged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if fide restoration or repair is econonfically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisthcfion, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement 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 Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not ecouonfically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to file sums secured by this Security Instrument, whether or not .then due, wifl~ 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, file Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immedhtely before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security lnstmn~ent immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) fide total amount of file stuns secured iunnediately before the partial taking, destruction, or loss in value divided by (b) the fair nmrket value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property innmdiately before the partial taking, destruction, or loss in value is less than fide amount of the sums secured i~mnediately before the partial taking, destruction, or loss in. value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrmnent whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to nmke au award to settle a claim for danmges, Borrower fails to respond to Lender within 30 days after the date the notice is given, Leuder is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against wholu Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceediug, whether civil or crinfinal, is begun that, in Lender's judgment, could result in Ibrfeiture of fl~e Property or other material impairment of Lender's interest in the Property or rights under fids Security Instrument. Borrower eau cure such a default and, if acceleration has occurred, reinstate as provided in Sectiou 19, by causing the action or proceeding to be disnfissed with a ruling that, in Lender's judgment, precludes tbrfeiture of the Property or other material impairment of Lender's interest in the Property or rights under tiffs Secm'ity Iustrument. The proceeds of any award or claim for danmges 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. (~'6,WY, {ooos) Page9of 15 ~O,t~- ' Form 3051 1/01 0S JS442: --- 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of die time for payment or modification of amortization of the stuns secured by fids 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 co~mnence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise lnodifY amortization of the sums secured by this Security Instrument by reason of any denmnd made by the original Borrower or any Successors in Interest of Borrower. Any forbearauce by Lender in exercising any right or retnedy 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 a~id several. However, any Borrower who co-signs aris Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or hake any accmmnodadons with regard to the terms of this Security Instrmnent or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under fids Security Instru~nent in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrmnent. Borrower shall not be released froln Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of fids 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 cmmection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, includiug, but not limited to, attorneys' fees, pioperty inspection and valuation fees. In regard to any other fees, the absence of express autl~ority in this Security instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets nmximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in com~ection 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 perufitted 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 pay~nent 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 fl~e Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower ufight have arising out of such overcharge. 15. Notices. Ail notices given by Borrower or Lender in com~ection with this Security Instrument must be in writing. Any notice to Borrower in cotmection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class inail or when 'actually delivered to Borrower's notice address if sent by off,er means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower'has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address; If Lender specifies a procedure for reportiug Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There nmy be only one designated notice address under this Security Instrulnent at auy one time. Any notice to Lender shall be given by 'delivering it or by nmiling it by first class nmil to Lender's address stated herein mfless Lender has designated another address by notice to Borrower. Any notice in com~ection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. initial ~(~(~2r~ ~-~,WY, {ooo$, P age 1 O of 15 ff~"6 Form 3o51 1/o1 08: 6144;d 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 requirements a~d limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence Shall not be construed as a prolfibition against agreement by contract, lu the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such cmfflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrmnent: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the femi~fine gender; (b) words in the singular shall mean and inchide the plural and vice versa; and (c) the word "nmy" gxves sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of tlfis Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require i~mnediate payment in full of all stuns secured by this Security Instnament. 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 file notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay fllese sums prior to the expiration of fids period, Lender may invoke any remedies permitted by this Security Instrument without further notice or denmnd on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have rile fight to have enforcement of fids Security Instrument disconti~med 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 temfination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and file 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, reasonable attorneys' fees, property inspection and valuation fees, and other tees incurred tbr file purpose of protecting Lender's interest in file Property and rights under fllis Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Iustrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or caslfier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, fids Security Instrument and obligations secured tlereby shall remain fully effective.as if no acceleration had occurred. However, this right to reiustate shall not apply in file case of acceleration under Sectiou 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale nfight result in a change in the entity (kuown as the "Loan 'Servicer") that collects Periodic Payments due under the Note and this Security Instrument and pertbrms other mortgage loan servicing obligations under the Note, this Security Iustrmnent, and Applicable Law. There also nfight be one or more chauges of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, rile address to which payments should be made and any other information RESPA requires iii cmmection with a notice of transfer of servicing. If the Note is sold and thereafier the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be traltsferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that .alleges fllat the other party has breached auy provision of, or any duty owed 'by reason of, this Security Ins.tmment, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements, of Section '15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which nmst 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 Section 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. H~ardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Enviromnental Law and the following substances: gasoline, kerosene, other flanmmble or toxic petroleum products; toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fommldehyde, and radioactive nmterials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not 6ause 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 die Property (a) that is iii violation of any Enviromnental Law, (b) which creates an Enviromnental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition dlat adversely affects die value of the 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 recog~fized to be 'appropriate to nornml residential uses and to mainteimnce of the Property (including, but not linfited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, denmnd, lawsuit or oilier action by any govenmlental or regulatory agency or private party involving the Property and any Hazardous Substance or Enviromnental Law of which Borrower has actual knowledge, (b) any Enviromnental Condition, including but not limited 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 die 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 Enviromnental Law. Nothing herein shall create any obligation on Lender for an Envirorm~ental Cleanup. 202, 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 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the defanlt; (c) a date, not less than 30 days from the ]late the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice ]nay 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 tile 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 itl 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 tile power of sale, Lender shall give notice of intent to foreclose to Borrower and to the Person in possession of the Property, if differeot, 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 ]lot limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (e) 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 Instrmnent, but only if the tee is paid to a third party for services rendered and the charging of fl~e fee is permitted under Applicable Law. 24.~ Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyonfing. (~)~-6(WY) 1ooo51 Pao. ~3 oi ~s Form 3051 1/01 Inhials~' BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in tiffs Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: RONALD C $CHUPP PAMALA SCHUPP v v -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (seal) -Borrower (Seal) -Borrower (~6(WY) {ooo5) Page 14 of 15 Form 3051 1/01 0~9~442 ~ 204 STATE OF WYOMING, LINCOLN The foregoing instrQment was acknowledged before me this by RONALD C SCHUPP AND PAMALA SCHUPP County ss: My Conmfission Expires: Notary Public I~-6G(WY) ~ooo~) P~. iff of 15 ~/~/~. Form 3051 1/01 FIXED/ADJUSTABLE RATE RIDER (One-Year Treasury Index - Rate Caps) THIS FIXED/ADJUSTABLE RATE RIDER is nmde riffs 8TH day of APRIL, 2 0O4 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 uudersigned ("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 Instm~nent and located at: 56 MIDDLE BRANCH CT, THAYNE, WY 83127 [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 cove~mnts and 'agreements made in the Security Instrumem, Bon'ower and Lender further covmmnt and agree as follows: A; ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial' fixed interest rate of 3. 875 %. 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 MAY, 2009 , 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 my adjustable interest rate could change, is called a "Change Date." 0041243122 MULTISTATE FIXED/ADJUSTABLE RATE RIDER - ONE-YEAR TREASURY INDEX- Sbgle Family - Fannie JV~ae Unife rm Jnstrumen! ' Page 1 of 4 Initials:~x~_~-~ VMP MORTGAGE FORMS - (800l§~j 206 (B) The Index Beginning 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.securmes adjusted to a constant n~aturity of one year, as made available by fl~e Federal Reserve Board. The most recent Index figure available as of rite date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a uew index that is based upon comparable information. The Note Holder will give me notice of tlfis 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 tiffs addition to the nearest one-eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amoum will be ury new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly pay~nent 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 tiffs 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 file first Change Date will not be greater than 8. 875 % or less than 2. 750 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points from the rate of imerest I have been paying for the preceding 12 months. My interest rate will never be greater fl~an 8.875 %. (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 begimfing on the first monthly payment date after the Change Date until the amount of my monflfly payment chauges again. (F) Not. ice of Changes The Note Holder will deliver or lnail to me a notice of any changes in my 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 uotice will include the amount of my monthly paylnent, any in/brmation required by law to be given to nm and also the title and telephone number of a person who will answer any question 1 may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, U~fiform Cove~mnt 18 of the Security Instrument shall read as follows: Initials:~. t1~843R 10006) Page 2 of 4 Form 3182 1/01 · .:, ,;+; . Transfer of the Property or a Beneficial Interest in Borrower. As used in tiffs 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, coutract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all stuns secured by this Security Instrument. However, this opdon shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give BorroWer nodce 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 wiflfin which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand , on Borrower. 2. When Borrower's initial fixed interest rate changes tO an adjustable interest rate under the terms stated in Section A above, U~filbrm 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 the 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 linfited to, those beneficial interests transferred in a bond for deed, contract tbr deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require ilmnediate payment in full of all Sums secured by this Security Instrmnent. 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 intbnnation required by Lender to evaluate the inteuded 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 assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent pernfitted by Applicable Law, Lender may charge a reasonable fee as a conditi°n to Lender's consent to the loan assmnption. Lender also nmy require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and iix this Security Instnunent. Borrower will continue to be obligated under the Note and tiffs Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate 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 nlust pay all (~)~843R (0006) Page 3 of 4 Form 3182 1/01 sums secured by this Security Instrument. If Borrower tails to pay these sums prior to the expiratiou of this period, Lender nmy invoke any remedies permitted by this Security Instrument without further notice or dermmd on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the temps and covenauts contaiued in this Fixed/Adjustable Rate Rider. ~x~~..~ ~ O---,~a~_. (Seal) (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (~<~843R (0006) Page 4 of 4 Form 3182 1101