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HomeMy WebLinkAbout899765Return To: WELLS FARGO BANK, N.A. FINAL DOCUMENTS X4701,.022 3601 MINNESOTA DRIVE BLOOMINGTON, MN 5543!$-5284 Prepared By: SHANE CLIFFORD WELLS FARGO BANK, N.A 7333 S. HARDY DR. TEMPE, AZ 85283- RECEIVED I_INCOL~I COUNTY CLERK' -- [Space Above This Line For Recording Data] MORTGAGE 0137347985 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, ';2, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JUNE 1, 2004 together with al Riders to this document. (B) "Borrower" is WILLIAM E BERTAGNOLL[ AND SPRING BERTAGNOLLI husband and wife Borrower is the mortgagor ~mder this Security Instrument. (C) "Lender" is WELLS FARGO BANK, N.A. Lender is a National Association organized and existing under the laws of THE UNITED STATES OF AMERICA WYOMING - Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Paga 1 of 18 Initials: __ FORM 3051 1101 SWY01 Rev 08/13/01 Lender's address is P. O. BOX 5137, DES MOINFS, IA 50306-5137 Lender is the mortgagee un:let this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated JUNE 1, 2004 The Note states that Borrower owes Lender ONE HUNDRED ELEVEN THOUSAND SIX HUNDRED AND NOIIO0 Dollars (U:S. $ . . .!.! .1,.~.0. .0. , .0. .0. .............. ). plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JUNE 1, 2034 (E) "Property" means the properW that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ~ Adjustable Rate Rider ~ Condominium Rider [~Second Home Rider ~-~ Balloon Rider I Planned Unit Development Rider ~l-4 Family Rider ~ VA Rider I Biweekly Payment Rider [~ Other(s) Ispecil'y] Prepayment Rider (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (lhal have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or 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 automated clearinghouse transfers. (K) "EsCrow Items" means ';hose items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation; settlement, award of damages, or proceeds paid by any thffd party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction o[, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentalions of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time',., or any additional or successor legislation or regulation that SWY02 Rev 12/18/00 ' ' , Page 2 of 18 lnilials. FORM 3051 1101 governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does n)t qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Properly, whether or not that party has assumed Borrower's obligations under lhe Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument 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 convenanls and agreements under this Gecurity 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 properly located in the County of LINCOLN : [Type ct Recording Jurisdiction] [Name of Recording Jurisdiction] LEGAL DESCRIPTION IS ATTACHED HERETO AS SCHEDULE "A" AND MADE A PART HEREOF. THIS IS .~. PURCHASE MONEY MORTGAGE. Parcel ID Number: which currently has the address of 1918 DEL RIO ROAD [Street] KEMMERER [City], Wyoming 83101 [Zip Code], ("Property Address"): 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 this Security Instrument. All of the foregoing is referred to in this Security Instrumenl as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey lhe Property and that the Property is unencumbered, except for e~cumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants'for national use and non- uniform covenants with limited variations by jur, isdiction to constitute a uniform security instrument covering real property. SWY03 Rev 11/05/00 Page 3 of 18 ' Initials: ~ FORM 3051 1101 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 lhe Note Borrower shall also pay funds for Escrow items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this 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 made 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 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 deemedrreceived by Lender when received at the location designated in the Note or at such other Iocalion as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment o't partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudibe to its rights to refuse such paymenl or partial paymenls in the future, but Lender is not oi)ligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment ,to bring the Loan current. If Borrower does not do so wilhin 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 immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security !nstrument or performing the covenants and agreements secured by this Security Instrument.ii 2. Application of Paym~ents or Proceeds. Except as otherwise described in this Section 2, all payments accepted and; applied by Lender shall be applied in the following order of priority: (a) interest due un,der the Note; (b) principal due under the 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 ~'emaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. Ir Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and th,~ 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 thal, 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. Voluntary prepayments shall be applied first to any,'prepayment charges and then as described in the Note. SWY04 ~ Rev !1106/00 Page 4 of 18 Initials: ~ FORM 3051 1101 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 the amount, of the Periodic Payments. : 3, Funds for Escrow Item!s. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and olher items which can altain priorily over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or grouted rents on the Property, ir any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premums, il: any, or any sums payable Dy Borrower to Lender in lieu oi' the payment or Mortgage Insurance premiums in accordance with the provisions oi' Section 10. These ilems are called "Escrow Items." Al originaticn or at any time during lhe term ol~ lhe Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borr.ower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish 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 may waive Borrower's obligation to pay to Lender Funds rot any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such ~vaiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, ir Lender requires shall furnish to Lender receipts evidencing such payment within such lime period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as lhe phrase "covenant and agreemenl" is used in Section 9. If Borrower is obligated to pay Escrow Ilems directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Ilem, Lender may exercise its rights under Seclion 9 and 9ay such amount and Borrower shall then be obligaled under Seclion 9 Io repay to Lender ~ny such amounl. Lender may revoke the waiver as to any or all Escrow Items at any lime b.~ a notice given in accordance Wilh Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, c311ect and hold Funds in an amount (a) sufficienl to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amounl of Funds due on the basis of current data and reasonable eslimates of expenditures of future Escrow Items or otherwise in accordance wilh Applicable Law. The Funds shall be held in an inslitution whose deposils are insured by a federal agency, inslrumenlality, or entity (including Lender, if Lender is an institution whose deposils are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than lne time specified under RESPA. Lender shall not charge Borrower for holding and applying lhe Funds, annually analyzing the escrow account, or veriCying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requi~'.es interest to be paid on the Funds, Lender shall not be SWY05 Rev 11/06/00 Page 5 of 18 Inilials: :- FORM 3051 1101 required to pay Borrower a:ny interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, sn annual accounting of the Funds as required by RESPA. If there is a surplus oi' Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. It' 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 m accordanc9 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; Liens. Bo~,'rower 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 1he Property, if any, and Community Association Dues Fees; an~ Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promp,tly discharge any lien which has priority over this Security Instrument unless Borrowe~-; (a) agrees in writing to the payment of the obligation secured by the lien in a manner aoceptable to Lender, but Only so long as BOrrower is performing such agreement; (b) contests the lien in good t'aith by, or defends against ent'orcement of the lien in, legal proceeding.,.; which in Lender's opinion 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 satist'actory to Lender subordinating the lien to tEis Security Instrument. It' Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more ot' the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by lire hazards included within the term "extended coverage," and any 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 Lender 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 Borro~ver's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for t'lood zone determination, certification aha tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination swY06 Rev ~0/25/00 P~. 6of~ ~.i~ ~jl.~ .~ FORM-~0S~ ~/0~ or certification Borrower sh~J! also be responsible for the payment of any fees imposed by the Federal Emergency Managemenl Agency in connection 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, al 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 than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become a~Jditional 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 modgagee 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 pr3of of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agr,~.e 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 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 unti 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. 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 agreemgnt is made in writing or Applicable Law requires interest to be paid On such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees rot public adjusters, or other third parties, retained by Borrower shall no.l: 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, tl-'e insurance proceeds shall be applied to the sums secured by this Security Instrument, ~:vhether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and relaled [natlers. If Borrower does not respond wilhin 30 days to a notice from Lender that the ins'urance 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 SWY07 Rev 10/25/00 Page 7 of 18 FORM 3051 1/01 either event, or 'if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (ai Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpa!d under the Note or this Security Instrument, and (b) any other of Borrower's rights (other i:ll~an the right to any refund of unearned premiums paid by Borrower) under all insuran!ce policies covering the Property, insofar as such rights are applicable to the coverage Of ;the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not th'eh due. 6, Occupancy. Borrower 'shall occupy, establish, and use the Property as Borrower's principal residence within §0 days after the execution o[ this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unle.~s Lender otherwise agrees n writing, which consent shall not be unreasonably w thheld or unless extenuating circumstances exist which are beyond Borrower's control. 7, Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit 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 thal repar or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid furlher deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are no~ sufficient to repair or restore the Property, Borrower is nol 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 Properly. If it has reasonable cause L!~nder may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an inter~or inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower,or any persons or entities acting at the direction of Borrower or with Borrower's knowledge, or consent gave materially false misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan., Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower rail.,!; to perform the covenants and agreements contained in this Security Instrumenl, (b) there !s.a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, tot enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regu ations) or SWY08 Rev 10/25/00 Page 8 or' 18 FORM 3051 1101 '-'280 (c) Borrower has abandoned the Property, then Lender may do and pay for whatever' is reasonable or appropriate .to protect Lender's inleres! in the Property and rights under this Security Instrument, includ..ing protecling and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, bul are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrumenl; (b) appearing in court; and (d)paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument including its secured position in a bankruptcy proceeding. Se, curing the Property includes, but is not limited 1o, entering the Property to make repairs,'i change locks, replace or board up doors and windows, drain water from pipes, eliminat'~ building or other code violalions or dangerous condilions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duly or obligalion to do so. It is agreed that Lender incurs no liabi!ity for not taking any or all actions authorized under this Seclion 9. Any amounts disbursed' by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument, These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, wilh such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with ali the provisions of the lease. If' i~,orrower acquires fee title to the Property, the 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 the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments ioward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent .~o the Mortgage Insurance previously in effect, at a cost substantially equivalent tc the cost to Borrower 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 that were due when the insurance coverage ceased to be in effect. ',Lender will accept, use and retain .these paymenls as a non-refundable loss reser~'e in lieu ol~ Mortgage Insurance. Such loss reserve shall be non-refundable, notwilhsta~nding the fact that the Loan is ultimately paid in ~'ull, 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 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 premiums for Idortgage Insurance. If Lender required Mortgage Insurance as a condition of making lhe Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in el:fect, 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 termination 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. SWY09 Rev 11/13/00 Page 9 of 18 Inilial~: ~0~I'~.~~ FORM ;1051 1101 Mortgage Insurance re'.rnburses Lender (or any enlity that purchases the Note) for certain losses it may incur if~Borrower does nol repay the Loan as agreed Borrower is not a party to the Mortgage Insar~ance. Morlgage insurers evaluate their lolal risk on all such Insurance in force from time lo time, and may enter into agreements with other parties lhal share or modify lheir risk, or reduce losses. These agreements are on terms and condilions lhat are salisfactory to the mortgage insurer and the other party (or parties) Io these agreemenls These agreements may require lhe mortgage insurer to make paymenls using any source of funds lhat the mortgage insurer may hava available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agl-eements, Lender, any purchaser of lhe Nole, another insurer, any reinsurer, any other entity, or any affiliate of any of lhe foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion Borrower's paymenls for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreemenl provides lhat an affiliate of Lender takes a share of lhe insurer's risk in exchange for a share of lhe premiums paid to the insurer, the arrangement, is often termed "captive reinsurance." Further: (a) Any such agreemeiits will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, orlany other terms of the Loan. Such agreements will not increase the amount Borrower will e~.we for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - ii any - with respect to the Mortgage Insurance 'under the Homeowners Protection Act of 1998 or any other law. These rights may include ![he right to receive certain disclosures, to request and obtain cancellation of the Mortg'~ge Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Misl;ellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and sha!.l be paid to Lender.. , Ir the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair 01~the Property, it' the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoralion period, Lender shall have the right to hold such Miscellaileous 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 ibe 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 agreeinent 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 economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. SWY10 Rev 10/25/00 Page 10 of 18 Initials:~_~. FORM 3051 1101 In the event of a total ta;(ing, destruclion, or loss in value of the Property, the Miscellaneous Proceeds Shall, be applied to the sums secured by this Security Instrumenl, whether or not then due, witl- the excess, i¢ 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 sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender othe;'wise 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) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value ol~ 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 Prol:~erty immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, aCter notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice .is given, Lender is au(horized 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 whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in def.~ult if any action or proceeding, whether civil or criminal, is begun that, in Lender's judginent, could result in forfeiture of the Property or' other material impairment of Lender's interest in the Properly or rights under this Security Instrument. 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 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Properly or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Procee'ds that are not applied to restoration or repair of the Property shall be applied in the order Provided for in Section 2. 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 p!Oceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modiCy amortization of the sums secured by SWYll Rev 11/06/00 Page ti of 18 FORM 3051 1101 this Security Instrument by reason o[ 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 li'mitation, Lender's acceptance of payments from lhird persons, entities or Successors in Interest of E3orrower or in amounts less than the amount then due, shall not be a waiver of or p'eclude the exercise of any right or remedy. 1:3. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations anti iability shall be 'joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-sig~ing this Security Instrument only to mortgage, grant and convey the co-signer's interest in th9 Properly under the terms o[ 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, [orbear or make any accommodations with regard ~o the terms of this Security Instrument or the Note without the co-signer's consent. Subjecl to the provision 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 Instrument. Borrower shall not ~)e released from Borrower's obligations and liability under this Security Instrument unless Lender a!]rees to such release in writing. The covenanls and agreements or'this Security Instrument shall bind (except as provided in Section 20) and benel~t the successors and assigns of Lender. 14, Loan Charges, Lender may charge Borrower fees for services performed in connection with Borrower's default, [or the purpose or protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection ar'd valuation tees. In regard to any other fees, the absence o[ express authority in this Security Instrument to charge a specil.ic tee to Borrower shall not be construed as a prohibition on the charging ol.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 sels maximum loan charges, and that law is rinally interpreted so lhat the interest or other loan charges collected or to be collected m connection with the Loan e>.:ceed the permitted limits, then: (a) any such loan charge shal be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be rel.unded Io Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. Il. 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 [or under the Note). Borrower's acceptance of any such refund made by direc';, payment to Borrower will constitule a waiver or any right ol~ action Borrower might have arising out ol. such overcharge. 15. Notices. All notices given by Borrower or Lender in connection wilh this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actual y delivered To EIorrower's notice address il' sent by other means. Nolice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly $WY12 Rev 11/06/00 Page 12 of lB Inilials FORM 3051 1101 requires otherwise The notice address shall be the Properly Address unless Borrower has designated a substitute notide address by notice to Lender. Borrower shall promptly notity Lender of Borrower's change or address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower sh'all 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 time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. Ir any notice required by this Security Instrument is also required under Applicable Law, the &pplicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severa:bility; Rules of Construction. This Security Instrument shall be governed by federal law arid the law of the'jurisdiction in which the Property is located. All rights and obligations contained Jn this Security Instrument are subject to any requirements and limitations cf 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 prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts 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 Instl;ument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole d scretion without any obi(gallon to take any action. 17. Borrower's Copy. Borrcwershall be given one copy oflhe Note andofthis Securily 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 lransferred in a bond t'or deed, contract rot 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 sums secured by this Security Instrument. However, this option shall not be exercised by Lender it' 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 ol; not 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 this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke an~ remedies permitted by this Security Instrument without further notice or demand on Borrower. SWYi3 Rev 11/06/00 Page 13 of 16 FORM 3051 1101 19. Borrower's Right to Re'instate After Acceleration. I¢ Borrower meets certain conditions, Borrower shall have the right to have enforcement o1' this Security Instrument discontinued al any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale Contained in Ibis Security Instrument; (b) such other period as Applicable Law might speci[y~for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing thistSecurity Instrument. Those conditions are thal [3orrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had .~ccurred; (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, anc~ other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure thal 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 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 cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (~1) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and Obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change ~,! 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 withoul prior notice to BorroWer. A sale might result in a change in the entity (known as the "Loan Servicer") that collec;ts Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and ApF'licable 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 information RESPA requires ~ connection with a notice of transfer or servicing. If the Note is sQId and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage Ioarl .servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise Frovided by the Note purchaser. Neither Borrower nor Len:Jer 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 that the other party has breached any provision of, Or any duty owed by reason of, Ihis Security Instrument, until such Borrower or Lender has notitied 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 ';ime period which must elapse before certain action can be taken, that time period will be deemed to be reasonable [or purposes of this paragraph. SWYf4 Rev 12r/27/00 Page 14 of 18 Inilial$ FORM 3051 1/01 The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleratiol~ given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmenta' Law and the "following substances gasoline, kerosene, other flammable or toxic petroleum products, :oxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environm'ental 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 Environment Cleanup, Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, :)r threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affecls the 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 recognized to be appropriate to normal residential uses and ,to maintenance of the Property (including, but not limited 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 governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discl-arge, release or threat of release of any Hazardous Substance, and (c) any condition cause~ by the presence, use or release of a Hazardous Substance which adversely affects the '/alue of the Property. If Borrower learns, or: is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing h'erein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration following Borrower's breach lot any covenant or agreement in this Security Instrument (but not prior to acceleration uno, er Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the 'defaUlt; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; 'and (d) that failure to cure the default on or before the date specified in the notice may result in acceleriition of the sums secured by this Security Instrument and sale of the Property. The notice .shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. II the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment SW¥15 Rev 10/25/00 Page 15 of 18 Iniiial$:[ ~./~J_ FORM 3051 1/01 In full of all sums secured ~3y this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, it different, in accordance with Applicable Law. Lender shall'give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applic~!~ble 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 notl Jimited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; a.nd (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment o[all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for service.., rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws o1: Wyoming. SWYI6 Rev 10/25/00 page 16 of 18 FORM 3051 1101 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: WILLIAM E BERTAGNOLLI (Seal) Borrower d'~2 ~ / Borrower SWYI7 Rev 12/27/00 Page 17 of 18 FORM 3051 1101 STATE OF WYOMING, LINCOLN County ss: The foregoing instrument was acknowledged before me this JUNE 1,2004 WILLIAM E BERTAGNOLLI AND SPRING BERTAGNOLLI by My Commission Expires: I 0 ~o~-~ "~ Notary SWY18 Rev t 0/25/00 Page lB of 18 FORM 3051 1/01 ADJUSTABLE RATE RIDER 0137347985 'tWO YEAR / SIX MONTH ARM ( LIBOR Index - Rale Caps) THIS ADJUSTABLE RATE RIDER is made this .!.s..t..d..a.Y..9.f..J...U..N..E.,..2..0..0.4. .......................... and is incorporated into aJtd shall be deerr'ed to amend and supplement the Mortgage, Deed of Trust'or Deed to Secure Debt (the "Security Instr~ment") of the same date given by the undersigned (the "Borrower") IO secure Borrower's Note lo ..W...E..L.L..S....F..A..a. 9..O...B...A..N. 5.,...N....A.: ....................................................................................................... (the "Lender") of the same date and covering the Froperty described in the Security Instrument and located al: ...... .L~.!.~....[?..E.L....R.[9..a..9.A...q, ..K..E., .M. ~..E..R..E..R. ,... ,Wy.....a..a..~. 9.! .............................................................................................. (Properly 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 IV[AXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. Ir' addition to the covenants and agreemenls made in the Security Instrument, Borrower and Lender further covenoa~t and agree as follows: A. INTEREST RATE AND MONTH[ Y' PAYMENT CHANGES The Note provides for an initial interest rate of .... .7..8..7..5 .......... %. The Note provides for changes in the interest rate and lhe monthly p;.yments, as follows: 4. INTEREST RATE AND MON'I':;-ILY PAYMENT CHANGES (A) Change Dates The interest rate I wi]] pay may change on the first day of .J..U.,N...E.,..2..0..0..6. ....... :i ...... , and on that day every sixth month thereafter. Ea::h date on wlfich my interest rate could change is called a ~Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The ~lndex* is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as ~.ublished in The }Vail Street Journal. The mast recent Index figure available as of the fzrst business, day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." MULTISTATE ADJUSTABLE RATE RIDER - LIBC, R INDEX - Single Family Form 3192 1/01 ECIOBL Rev. 11/15/00 Freddie Mac Uniform Inslrumenl 0137347985 If the Index is no longer availa.ble, the Note Holder will choose a new index that is based upon comparable information. The N,~te Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Itoider will calculate my new interest rate by adding ..s.!.x...a..n..d...o..n...e.n.e.~.g.h..t.h. .................................... percentage points (.....6.:.1..2..5. ........ %) to the Curreht Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate 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. (O) Limits on Interest Rate Changes The interest rate ] am required to pay at the first Change Date will not be greater than ...1..0.:.8..7..5. ....... % or less than .... .7....8.7..5 ........ %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one. - percentage points ( ......... .1....0..0..0....:~.. %) from the rate of interest I have been paying for the preceding six months. My interest rate will ,never be greater than 13.875 % My interest rate will never be less than .... 2.1t7.5 ......... '% ' ....................... (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 paymemi changes again. (F) Notice of Changes The Note Itolder will deliver 0:' 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 ~%e given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY, OR A BENEFICIAL INTEREST IN BORROWER. Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a B!eneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any lega] 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 Propei'ty or any Interest in the Properly is sold or transferred (or if a Borrower is not a natural perion 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 sums MULTISTATE ADJUSTABLE RATE RIDER - LIBO:R INDEX - Single Family Form 3192 1/01 EC1OnL Rev, 11/14/00 Freddie Mac Inslrument 0137347985 secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by ApplicabL: Law. Lender 'also shall not exercise this option if: (a) Borrower causes to be submitted to Lender ir£ormation 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 Instrume:~t 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 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 ~t this Security Instrument. Borrower will continue to be obligated under the Note and this 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 notme is given in accordance with Section 1~< within 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. BY SIGNING BELOW, Borrower accepts and agrees to the t~ants contained in this Adjustable Rate Rider./~_i]~/~A (Seal) W~~~L~~/ -B'orrower MULTISTATE ADJUSTABLE RATE RIDER - LIBOR INDEX - Single Family Freddie Mac !nslrumenl Form 3192 1/01 EC108L Rev. 11/15/00 PREPAYMENT RIDER 0137347985 THIS PREPAYMENT RIDER is made this ....1..s..t ........ day of ....J..U...N..E. .................. .2..0..0..4. ..... and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed(the "Security Instrument") of the same date given by the undersigned (the "Borrower")' to secure Borrower's Note to ................................................ ........................ .W...E..L..L..S....F..A..R...G...O....B..A...N..K.,...N.:.A.... ................. :. ......................................................... of the same date and covering the Property described in the Security Instrument and .located at: ~~1.~.9~1.8.~~.D..E..L.~~.R~[.~.~~.R...~~.A.~.D.`~~.K~.E..M....M..E...R~.E..R.~~~.W...Y.~~~.8.3.~1..~..1~ ............................................... (Property Address) PREPAYMENT cOvENANTs. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: I have the right to make payments of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpai.d principal is known as a "partial prepayment." Except as proVided below, I may make a full prepayment or a partial prepayment at any time w!ithout paying any penalty. However, if within the first ..t..w..q ...... (...2..i) year(s) after the execution of the Security Instrument I make full prepayment, I will pay a prepayment charge in an amount equal to the payment of six (6) months' advance interests at the interest rate provided for under the Note, on the amount prepaid which is in ;excess of twenty percent (20%) of the original principal amount. Prepayment Rider (AK, AL, CA, CO, CT, DE, DC, FL, GA, I~,1; ID, IN, IA, KS, KY, LA, MD, MS, MO, MT, NE, NV, NH, NJ, NM~ NY, NO, OK, PA, RI, SD, TN, TX, UT, VT, WA, WY) (Page I of 2) EC200L Rev. 09/05/03 BY SIGNING BELOW, Borrower accepts contained in this Prepayment Rider. and 0137347985 agrees to the terms and provisions ~/~: NG'"' RT LLI / ' (Seal) / ~ " -' ~ -Borrower Prepayment Rider (AK, AL, CA, CO, CT, DE, DC, FL, GA, HI, ID, LN, IA, KS, KY, LA, MD, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NO, OK, PA, RI, SD, TN, TX,.UT, VT, WA, WY) (Page 2 of 2) EC200L Rev. 09/05/03 SCHEDULE A Lot 9 of Block 3 of Lincoln Heights 5th Addition, First Filing, to the City of Kemmerer, Lincoln County, Wyoming as described on the official plat thereof.