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HomeMy WebLinkAbout898916Remm To: WELLS FARGO HOME MORTGAGE 3601 MINNESOTA DR. SUITE 200 BLOOMINGTON, MN 55435 89891-6 Prepared By: WELLS FARGO HOME MORTGAGE, 1919 DOUGLAS,, OMAHA, 681010000 NE INC. [Space Above Tiffs Lhte For Recordhtg Data] MORTGAGE DEFINITIONS Words used in multiple sections of this documem 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 dfis 'document are also provided in Section 16. (A) "Security Instrument" means this docmnent, which is datedAPRIL 26, 2004 together with all Riders to this docmnent. (B) "Borrower" is RUSSELL DALE HERBS AND GINGER L HERBS, HUSBAND AND 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 0041027871 WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT . . VMP MORTGAGE FORMS (B00)521 72~ Form 3051 1/01 874 Lender's address is P.O. BOX 10304, DES MOINES, IA 503060304 Lender is the mortgagee under this Security Instrument. (D) "Note" means the pronfissory note signed by Borrower and dated.Al~RIt. 26, 200 ~t The Note states that Borrower owes Lender NINETY ¢.IGHT THOUS.AND THREE HUNDRED .AND oo/~oo Dollars (U.S. $ * ** * * 98,300.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments andto pay the debt in full not later than y. AY 01, 203,t (E) "Property" means the property that is described below uuder file 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 file Note, and all sums due m:tder this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The lbllowing Riders are to be executed by Borrower [check box as applicable]: ~-] Adjustable Rate Rider [-~ Condominium Rider ~-~ Second Home Rider [-q Balloon Rider ~] Planned Unit Development Rider [~ 1-4 Fanfily Rider ~ VA Rider ~ Biweekly Payment Rider ~] Other(s) [specify] (H) "Applicable Law" means all 'controlling applicable federal, state and local statutes, regulations, ordinances and admi~fistrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable 'judicial opinions. (1) "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 Fnnds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic temfinal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and autonmted clearinghouse transfers. (K) "Escrow Items" means those itents that are described in Section 3. (L) "Miscellaneous Proceeds" means any con~pensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; '(ii) coudemnation Or other taking of all or any part of the Property; (iii) conveyance in lieu of condenmadon; or (iv) misrepresentations of, or onfissions as to, file value and/or condition of the Property. ¢1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or dethult on, the Loan. ' (iN) "Periodic PaYment'' means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section3 of this SecUrity Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.s.c. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended frmn time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements aud restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (~-6(WY) (ooo5} Page 2 o~ ~ ,, mai~'~Forrn 3051 1/01 875 (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assmned Borrower's obligations under the Note and/or this Security. Instrument. TRANSFER OF RIGHTS IN THE PROPERTY 'This Security h~stmmem secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfornmnce of Borrower's cove~mnts 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, the following described property located in the COUNTY of LINCOLN : [Type of Recording lurisdiction] [Name of Recording Jurisdiction] LOT 13 OF COTTONWOOD SUBDIVISION AMENDED, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. *SEE ADJUSTABLE RATE RIDER TAX STATEMENTS SHOULD BE SENT TO: 10304, DES MOINES, IA 503060304 WELLS FARGO HOME MORTGAGE, P.O. BOX ParcellD Number: 12-3118-31-1-01-030. 72 COTTONWOOD LANE SMOOT ("Property Address"): which currently has the address of [Street] [City] , Wyoming 8 312 6 [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 additions shall also be covered by tiffs Security Instrmnent. 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 the Property and that the Property is unencmnbered, 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 unilbrm core,mats for ~mtional use and non-mfiform covenants with limited variations by jurisdictiou to constitute a mfiform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender cove~mnt and agree as follows: 1. Pay~nent of Principal, Interest, Escrow Itc[ns, Prepayment Charges, nnd 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 file Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrmnent shall be nmde in U.S. currency. However, if any check or other instrument received by Lender as~lder file Note or this (~-6(WY) (ooo~1 Pag. 3 of ~5 ~ /~"-'L.~ Form 3051 1/01 Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be nmde in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, ba~ check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as ~nay be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender nmy accept any payment or partial payment ~nsufficient 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 payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay intel'est on mmpplied funds. Lender nmy hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so wiflfin 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 inunediately prior to foreclosure. No offset or claim which Borrower nfight have now or in the future against Lender shall relieve Borrower from nmking payments due under rite Note and this Security Instrument Or performing rite 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 tbllowing order of priority: (a) interest due under the Note; (b) principal due under rite Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any renmining alnounts shall be applied first to late charges, second to any other amounts due under tiffs Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment l¥om Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, rite 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 paylnent can be paid in full. TO rite extent that any excess exists after rite payment is applied to the full payment of one or more Periodic Pay;nents, such excess ~nay be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change file amount, of rite Periodic Payments. 3. Funds l'or Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under rite Note, until the Note is paid in full, a stun (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 encmnbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) prenfiums for any and all iusurance required by Leuder under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance prenfimns in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender ~nay require that Conmmnity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, mid such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly funfish to Lender all notices of amounts to be paid under tiffs Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's 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 atnounts 6(Wy) (oo~sl P~je 4 of 15 Form 3051 1/01 877 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 obligation to nmke such payments and to provide receipts shall for all puqooses be deemed to be a covenant and agreement contained in this Security Instrument, 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 for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender nmy 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 tiffs Section 3. Lender nmy, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amoum 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 Lendef, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge BorroWer for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pernfits Lender to make such a charge. Uniess an agreement is ~nade 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 tl',e Funds. Borrower and Lender cau agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an anmml 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 defiued under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to' nmke 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 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 titan 12 monthly payments. Upon payment in filll of all stuns 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 Instruinent, leasehold payments or ground' rems on the Property, if any, and Conm~unity Association Dues, Fees, and Assessments, if any. To the extent that these items are .Escrow Items, Bon'ower shall pay them in the nmnner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument nnless 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 enforcemem of the lien in, legal proceedings which in Lender's opinion operate to preveut the enforcement of the lien while those proceedings are pending, but tuffy 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 Instrument. If Lender determines that any part Of the Property is subject to a lien which can attain priority over this Security Instrument, Lender nmy give Borrower a notice identifying the (~-6(WY) {ooo~) : 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 forth above in tiffs Section 4. Lender may require Borrower to pay a one-dine charge .for a real estate tax verification and/or reporting service used by Lender in com~ection 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 includ ed wiflfin the term "extended coverage," and auy other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Leuder requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's . right to disapprove Bon'ower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in com~ection with this Loan, either: (a) a one-time charge for flood zone determi~nation, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar chauges occur which reasonably might affect such deterufination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in co~mection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under 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, agaiust 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 sig~fificantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additiomql debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such' policies, shall include a standard 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 prompdy 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 the restoration or repair is econontically 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 opportmfity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest 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 other flfird parties, retained by Borrower shall not be paid out of the insurance 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 1/01 878 879 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 clailn and related lnatters. If Borrower does not respond within 30 days to a uotice from Lender fl~at the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the 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 the Note or this Security Instrmnent, and (b) any oilier of Borrower's rights (other than the right to any refund of unearned prenfiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender nmy use the insurance proceeds eifl~er to repair or restore the Property or to pay amounts unpaid under fl~e 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 die Property as Borrower's principal residence for at least one year after the date of occupancy, mfless Lender oflxerwise agrees in writing, which consent shall ~mt be unreasonably withheld, 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 cormlfit waste on fl~e 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. U~fless it is deternfined pursuant to Section 5 that repair or restoration is not econonfically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in colmection wifl~ danmge to, or the taking of, the Property, Borrower' shall be responsible for repairing or restoring fl~e Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds/bt the repairs and restoration in a single payment or in a series of Progress payments as the work is completed. If the insurance or condenmation 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 nmy inspect the interior of the 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 wifl~ Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or'statements to Lender (or /'ailed to provide Lender with material informatio~0 in cmmection wifll the Loan. Material representations include, but are 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 siglfificantly affect Lender's interest in the Property and/or rights under fids 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 nmy do and pay for whatever is reasonable or appropriate to protect Lender's .interest in the Property and rights under fids Security Instrument, including protecting and/or assessing the value of die 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 wlfich has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable ' Initials: (~-6(WY) (ooos} Page7of ~ Form 3051 1/01 880 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 the Property includes, 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 conditions, and have utilities turned on or off. Although Lender may take action under tiffs 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 recurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by tiffs Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting pay~nent. 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, the leasehold and the fee title shall not merge mfless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making file 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 file mortgage insurer that previously provided such insurance and Borrower was required to nmke separately designated payments toward the premiums 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 Bon'ower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by' Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments fi-mt were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundab!e loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be uon-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings .on such loss reserve. Lender can no longer require loss reserve payments ff Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becolnes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward file prenfiums for Mortgage Insurance, Borrower shall pay the prenfiums 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 with any written agreement between Borrower and Lender providing for such ternfination or until termination 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 nmy incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage hlsurance. 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 their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and' the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiuins). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the Ibregoing, 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 that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums 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 Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurauce, and they will not entitle Borrower to any refund. 6(WY) (ooos} Pag. 8 o~ ~5 Form 3051 1/01 (b) Auy such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 °r any other law. These rights may iuclude the right to receive certain disclosures, to request aud obtaiu cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, aud/or to receive a refuud of any Mortgage Insurance premiums that were uuearned at the time of such cancellation or termiuation. 11. Assignn!eut of MisCellaneOus Proceeds; Forfeiture. Ail Miscellaneous Proceeds are hereby assigned to and shall be paid 't0 Lender. If the Property is danmged, such Miscellaneous Proceeds shall be applied to restoration or repair of the ProPerty, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Leuder 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 nude 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 econoufically feasible or Lender's security would be lessened, the MiscellaneOus Proceeds shall be applied to the Sinus secured by fids Security Instrumeut, 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 fire sums secured by this Security Iustrument, 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 immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the stuns secured by this Security instrument imlnediately before the partial taking, destruction, or loss in value, mfless Borrower and Lender otherwise agree in writing, file sinus secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds nmltiplied by the following fraction: (a) the total amount of the sums secured i]mnediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property inm]ediately betbre 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 Inarket value of the Property i]rm~ediately before the partial taking, destruction, or loss in value 'is less than the amount of the sums secured inunediately 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 stuns secured by fids Security Instr'mnent whether or ~mt the sums are then due. If the Property is abandoued by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defi]ied in 'the next sentence) offers to make an award to settle a claim for damages,i Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authofized 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 that owes Borrower Miscellaneous Proceeds or the party agaiust wlmm Borrower has a fight of action in regard to Miscellaneous Proceeds. Borrower shall be in default if anY action or proceeding, whether civil or criufi~ml, is begun that, in Lender's judgment, could result in forfeiture of the Property or other uuterial impairment of Lender's interest in the Property or rights under this Security Instrumeut. 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 disnfissed with a ruliug that,' in Lender's judgment, precludes forfeiture of the Property or other nmterial impairment of Lender's interest in the Property or rights under this Security Instrument. 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 Ibr in Section 2. Page 9 of 15 Into 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 proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. AnY forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bonnd. Borrower covenants and agrees that Borrower's obligations and liability shall be joiut and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-sighting this Security h~strument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not perso~tally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instruluent. 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 biud (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 comxection with Borrower's default, for the purpose of protecting Lender's interest iu the Property and rights under this 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 prohfbition on the charging of such feel Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a !aw which sets maximmn 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 linfits, 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 pemfitted limits will be refunded to Borrower. Lender may choose to nmke fids 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 Ibr under the Note). Borrower's acceptance of any such refund nmde 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 com~ection with this Security Instrument must be in writing. Any notice to Borrower in com~ection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly 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 reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one tilne. Any notice to Lender shall be given by delivering it or by inailing it by first class ~mil to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in comxection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by fids Security Instrument is also required under Applicable Law, the Applicable Law requirement will' satisfy the corresponding requirement under fids Security Instrument. {~{WY) 10005) Page 10 of 15 /~ /.~..~ ~,,Form 3051 1/01 16. Governing La,v; Severability; Rules of Construction. This Security [nstrmnent 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 and lixnitations 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 agaiust agreement by contract. In the event that any provision or clause of tiffs Security Instrmnent or die Note couflicts with Applicable Law, such conflict 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 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 "nhay" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer 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 for deed, instalhnent 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 die 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 nmy require innnediate 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. If Lender exercises tlfis option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of ]mt less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by fids Security Instrument. If Borrower fails to pay fllese stuns prior to the expiration of this period, Lender nmy invoke any remedies pernfitted 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 riglit to have mfforcement 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 fids Security Instrument'; (b) such other period as Applicable Law might specify for the termination of Borrower's right' to reinstate; 'or (c) entry of a judgment euforcing this Security Instrument. Those conditions are that Borrower: (a).pays Lender all stuns which then would be due under this Security Instrument and the Note as if no acceleration had occurredl (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing tiffs Security Instrument, including, but not limited to, reasonable attorneys' fees, property inSPection and valuation fees, and other tees incurred for the purpose of protecting Lender)s interest in the Property and rights under this Secm'ity h~strument; and (d) takes such action as Lender ~nay reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender ~nay require that Borrower pay such reinstatement stuns and expenses in one or more of die 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 upou an institution whose deposits are insured by a federal agency, instrmnentality or entity; or (d) Electro,dc Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred, lt0wever, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrumen0 can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security htstrument and performs other mortgage loan servicing obligations under the Note, this Security Instrumenti and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other infornmtion RESPA 6(WY) (ooosj Page 11 of 15 Form 3051 1/01 ~ requires in connection with a notice of transfer of servicing. If die Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the niortgage loan servicing obligations to Borrower will renmin with the Loan Servicer or be transferred to a.successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by die Note purchaser. Neither Borrower nor Lender may conanence, 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 oilier party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or £ender has notified the other party (with such notice given in compliance with the requirenients 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 dine period will be deenied to be reasonable for pnrposes 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 tlfis 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 Environmental Law and the following substances: gasoline, kerosene, oilier flammable or toxic petroleuni products, toxic pesticides and herbicides, volatile solvents, ~naterials Contai~fing asbestos or formaldehyde, 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 envirmm~ental protection; (c) "Environmental Clea~mp" includes any response action, reniedial action, or removal action, as defined in Enviromnental Law; and (d) an "Environinental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental 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, anyflfing affecting the Property (a) fl~at is in violation of any Environmental Law, (b) wlfich creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small qnantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to ~naintenance 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, demand, lawsuit or other action by any govermnental or regulatory agency or private party involving file Property and any HazardoUs Substance or Environmental Law of Which Borrower has actual knowledge, (b) any Enviromnental 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 governmental or regulatory authority, or any private party, that any relnOval or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall proniptly take all necessary remedial actions in accordance with Environlnental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. (~-6(WY) Iooos~ Page '12 ol 15 Initiala~ · ~.~ Form 3051 1/01 NON-UNIFORM COVENANTS. Borrower and Lender further covmmnt and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration followiug Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides othenvise). The notice shall specify: (a) the default; (b) the action required to ct, re the default; (c) a date, not less than 30 days frown the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security 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 acceleratiou 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 de~nand 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 Leuder invokes the power of sale, Lender shall give uotice 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 mauner 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 desiguee may purchase the Propertyat 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) auy excess to the person or persons legally entitled to it. 23. Release. Upon payment of all stuns 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 the fee is pernfitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of fl~e homestead exemption laws of Wyoming. (~6(WY) looosl Page 13 of 15 Form 30§1 1/01 BY SIGNING BELOW, Borrower accepts and agrees to fl~e terms and covenants contained in this Security Instmlnent and in any Rider executed by Borrower and recorded wifl~ it. Witnesses: (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (~)~6(WY)looo5) Page 14 of 15 Form 3051 1/01 STATE OF WYOMING, LINCOLN The foregoing ins[nmlen£ was acknowledged before me dfis by RUSSELL DALE HOBBS AND GINGER L HOBBS County ss: My Commission Expires: g. I~0- ,~007 OF ~ STATE OF I UNCOLN ~ WYOUINO ] MY COMMISSI,~..~~N EXPIRE~,.~S JUNE 20, 200_ Not. Public (~-6G{WY) 1ooo5) Page 15 of 15 Form 3051 1/Ol ADJUSTABLE RATE RIDER ( 1 Year Treasury I. dex - Rate Caps) THIS ADJUSTABLE RATE RIDER is nude this 26TH day of APRIL, 2004 and is incm-porated into and shall be deemed to amend and supplmnent the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure BorrOwer's Adjustable Rate Note (the "Note") to WELLS FARGO HOME MORTGAGE, INC. (the "Lender") of the same date and covering the property located at: 72 COTTONWOOD LANE, SMOOT, WY 83126 described in the Security Instrument and [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY'ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements ~nade in the Security Instrmnent, Borrower and Lender further covenant and agree as Ibllows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 3.500 changes in the interest rate and the monflzly payments as lbllows: %. The Note provides tbr 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay my change on the first day of MAY, 2007 and on that day every 12 MOHTHS thereafter. Each date on which my interest rate could change is' called a "Change Date." 0041027871 MULTtSTATE ADJUSTABLE RATE RIDER - ARM 5-2 -Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fannie Mae 4-215-216-2 ARM (~822R (0008) Form 3~MFL #3111 Page 1 of 4 Initials;/~ - VMP MORTGAGE FORMS - (80/~521-72~ (B) The Index Begimung with the first Change Date, my 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 1 year(s), as made 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 Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give ~ne notice of this 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 ( 2.7 5 0 %) 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 mnount will be my new tnterest rate until the next Change Date. The Note Holder will then determine the 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 5.5 0 0 % or less than 2.7 5 0 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more thanTWO percentage points ( 2.0 0 0 %) from the rate of interest I have been payiug 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 beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again I~(~822R (0008) Page 2 of 4 Initials~ Form 3111 1/01 890 (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone ~mmber of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instnm~ent is 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 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 reqmre innnediate paymem in full of all sums secured by tiffs Security Instnm~ent. 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 information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines 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 permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the traxrsferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements nnide in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument mfless Lender releases Borrower in writing. If Lender exercises the option to require i~mnediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days t¥om the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by fltis Security Instrument. If Borrower fails to pay these stuns prior to the expiration of this period, Lender ~nay invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. (~822R (0008) Page 3 of 4 Form 3111 1/01 891 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. RUSSELL DALE HOBBS (Seal) ~ !A/[ (Seal) -Borrower G~/~ER L HOBBS -Borrower (Seal) . (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (~822R (0008) Page 4 of 4 Form 3111 1/01