HomeMy WebLinkAbout90054430547 (02)
State of Wyoming
-[Space Above Tiffs Lh~e For Recording Dula]
MORTGAGE
FHA Case No.
593-0004762 729
THIS MORTGAGE ("Securi~'y Instrmnent") is given on a-u'~E 22, 2004
The Mortgagor is RAYMOND E. WHEELER, A MARRIED PERSON ,,,~
and SHANA D. WHEELER, A married person
("Borrower"). This Security Instm~.nent is given to WELLS FARGO BANK, N.A.
which is organized and existing nh Jet the laws of THE UNITED STATES , and
whose addressis P.O. BOX 10204, DES MOINES, IA 503060304
("Lender"). Borrower owes Lender the principal sum of
NINETY FOUR THOUSAND NI1, E' HUNDRED TWO AND 00/100
Dollars [U.S. $**********94,902 . 00).
This debt is evidenced by Bonower's note dated rite same date as Otis Security lnstrun~ent ("Note"), which
provides for monody payments, w~th rite fitll debt, if not paid eaHier, due and payable on JULY 01, 2034
· This Security hLstrument secures to Lender: (a) flit repayment of d~e debt evidenced by the
Note, wifl~ interest, and all reuewals, extensions and modifications of the Note; (b) the payment of all other sums,
wifl~ interest, advanced under para uaph 7 to protect fl~e security of Otis Security Instrument; and (c) the perfornmnce
0042861252
of Borrower's covenants and agreen?ents under this Security Instrument and rite Note. For dfis propose, BolTower
does hereby nmrtgage, grant and cm?vey to the Lender with power of sale, the £oltowing described property located
iii LINCOLN County, Wyoming:
Part of Section 24, T34N .R1 I'9W of the 6th P.M., Lincoln County, Wyoming being more
particularly described as follows:
BEGINNING at the Southwest c:omer of the Northwest Quarter of said Section 24 and running
thence North 350 feet; thence F;ast 118 feet; thence Soulh 350 feet, more or less, to the South
boundary line of said Northwest Quarter; thence West ] 18 feet, more or less, along the South
boundary line, to the PO1NT OF BEGINNING.
*SEE ADJUSTABLE-RATE RIDER
TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P .O. BOX 10304,
DES MOINES, IA 5030603('4
which has the address of 336 WEST DA. NA STREET, TH~YNE [Streel, City],
Wyonfing 83127 [Zip Code] ("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on fire 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 Instrumem. All of the fi)regoing is referred to iii this Security lnstrmnent as die "Property."
BORROWER COVENANTS that Borrower is lawfiflly seized of file estate hereby conveyed and has the right to
mortgage, grant and convey the P:operty and dtat the Property is unencmnbcred, excep~ tbr encumbrances of record.
Borrower warrants and will defend [,enerally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUidENT combines uniform covenants for mitiotml nsc anti non-unifonli covetmnts
with linfited variattoits by jurisdiction to constitute a uniform security instrument covering real property.
Borrower and Lender covetmnt 'md agree as follows:
'UNIFORM COVENANTS,
1. Payment of Principal, :intarest ami Late Charge. Borrower shall pay when due the p~incipal of, and
interest on, the debt evidenced by thc Note and late charges due under the Note.
2. Monthly Payment of Taxes, ]insurance mid Other Charges. Borrower shall include in each monody
payment, together with the prin~:it al and interest as set forth in the Note and any late charges, a sum fi~r (a) taxes and
special assessments levied or to be levied against die Property, (b) leasehold payments ar ground rents on the
Property, and (c) prenfitmts for insurance required under paragraph 4. In any year in which the Lender must pay a
mortgage insurance prenfium to fire Secretary of Housing and Urban Development ("Secretary"), or iii any year in
which such prenfimn would have'been required il" Lender still held the Security Instrument, each monfldy payment
shall also include either: (i) a sun fir the annual mortgage insm-ancc premium lo be paid by Lender to thc Secretmy,
or (ii) a monthly charge instead o~. a mortgage insurance prcnfium if this Security lnsmunent is held by the Secretary,
in a reasomtble anmunt to be detzntfined by the Secretary. Except fi~r the monthly charge by the Secretary, these
items are called "Escrow Items" atd file sums paid to Lender are called "EScrow Funds."
Lender nmy, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may be re_tuired for Borrower's escrow account under the Real Estate Settlement Procedures
Act of 1974, 12 U.S.C. Section 2601 et seq. ami implementing regulations, 24 CFR Part 3500, as they may be
amended from time to time ("Ri:SI A"), except flint the cushion or ieserve permitted by RESPA for unamicipalcd
disbursernents or disbursements before the Borrower's payments arc available i, die account may not be based on
amounts due for the mortgage insurance premium.
(~4R(WY) (9604}.01 Page 2 oi~ B haidal
0:90054,4
If the amounts held by Lend;r 'for Escrow Items exceed the anlonnts permitted to be held by RESPA, Lender
shall account to Borrower for the excess funds as required by RESPA. If the amounts of duds held by Lender at any
time are not sufficient to pay file Escrow Items when due, Leuder amy notil~ the Borrower and require Borrower to
~nake up the shortage as permitted Jy RESPA.
The Escrow Funds are pledced as additional security for all sums secured by this Security Instrument. If
Borrower tenders to Lender file fi) l payment of all such stuns, Borrower's account shall be credited with the balance
remaining for all installment items 0;), (b), and (c) and any mortgage insurance prenfium instalhnent that Lender has
not become obligated to pay to the. Secretary, and Lender shall promptly refund any excess funds (o Borrower.
hmnediately prior to a foreclosur,; sale of the Property or its acquisition by Lender, Borrower's account shall be
credited with any balance renmining for all instalhnents for items (a), (b), aid (c).
3. Application of Puy~nents, All payments under paragraphs 1 and 2 shall be applied by Lender as lbllows:
First, to the mortgage insurai.:c6 prenfium to be paid by Lender to file Secretary or to the mouthly charge by the
Secretary instead of the monthly mor,.gage insurance prenfimn;
Second, to any taxes, special assesslnents, leasehold payments or ground reuts, and fire, flood and oiller hazard
insurance prenfiums, as required;
Third, to interest due under die Note;
Fourth, to amortization of file principal of the Note; and
Fifth, to late charges due 'under '.file Note.
4. Fire, Flood and Other Haz~)rd Insurance. Borrower shall insure all ilnprovements on the Property, whefl~er
now in existence or subsequendy erected, against any hazards, casualties, aud contingencies, including fire, for which
Lender requires insurance. This hlsurance shall 'be maintained in the amounts and tbr the periods flint Lender
requires. Borrower shall also insvre all improvements on the Property, whether now in existence or subsequently
erected, against loss by floods to the extent required by the Secretary. All iusurance shall be carded with companies
approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable
clauses in favor of, and in a form acceptable to, Lender.
In file event of loss, Bon'ower shall give Lender immediate notice by nmil. Lender ntay make proof of loss if not
nmde promptly 'by Borrower. Eack insurance company concerned is hereby authorized and directed to make payment
for such loss directly to Lender', .inatead of to Borrower and to Lender jointly. All or any part of file insurance
proceeds nmy be applied by Lender, at its option, either (a) to file ,'eduction of the indebtedness under fl~e Note and
this Security Instrument, first to aW delinquent amounts applied in the order iu paragraph 3, and then to prepayment
of principal, or (b) to tile restoration or repair of the danmged P,'operty. Any application of the proceeds to the
principal shall not extend or postpmc file due date of file lOmlflfly payments which are referred to in paragraph 2, or
change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security hlstrumcnt shall be paid to file entity legally entitled thereto.
In the event of tbreclosmc et this Security Instrument or other transfer of title to thc Property that extinguishes
the indebtedness, all right, title ~:nd interest of Borrower in a,[d to ins],rance policies in force shall pass to the
purchaser.
5. Occupancy, Preservation:, Maintenance and Protectioo or the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use file Property as Borrower's principal residence withiu sixty
days after the execution of this Security Instrument (or wiflfin sixty days of a later sale or transfer of thc P,-operty)
and. shall continue to occupy the ~'roperty as Bon'ower's principal residence for at least one year after the date of
occupancy, unless Lender dctermi~ses flint requirement will cause undue hardship for Borrower, or UlflCss cxtcnuadug
circumstances exist which are l~eyond Borrower's control. Borrower shall notify Lender of any extenuating
circumstances. Borrower shall not ~:onmfit waste or destroy, danmgc or substantially change the Property or allow rile
Property to deteriorate, reasmmble wear and tear excepted. Lei[der may inspect file Property if the Property is vacant
or abandoned or the loan is in dt fa_dr. Lender n~ty take reasonable action to protect and preserve such vacant or
(~4R(WY) 19604) 01
Page 3 of 0
i.
'094
abandoned Property. Borrower si:all also be in default if Borrowe], duriug the loan application process, gave
materially fidse or imiccurate information or statements to Lender (or failed to provide Lender with any nmterial
information) in connection with he loan evidenced by the Note, iucluding, but not limited to, representations
concerning Borrower's occupancy of rite Property as a principal residence. If this Security [nstrumtent is on a
leasehold, Borrower shall comply with tim provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and fee title shall not be 'aaergcd unless Lender agrees to file merger in writing.
6. Condemnation. The proceeds of any award or claim for danutges, direct or consequential, in connection with
any condennmtion or other takinl of any part of the Property, or for conveyance in place of coudennmtion, are
hereby assigned and shall be paid ,:o Lender to the extent of the full amount of the indebtedness that remains unpaid
under the Note and this Security instrument. Lender shall apply such proceeds to the reduction of the indebtedness
under the Nute and this Security Instrmnent, first to any delinquent amounts applied in the order provided in
paragraph 3, and then to prepaymeat ?f principal. Any application of file proceeds to die priucipal shall not extend or
postpone file due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such
payments. Auy excess proceeds over.an amount required to pay all outstanding iodebtedness uuder the Note and this
Security Instrument shall be paid tt, fl:e entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
govermnental or nmnicipal charge'~;, .'Sues and impositions that are not included in paragraph 2. Borrower shall pay
these obligatio]ks on time directly to the entity which is owed the payment. If failure to pay would adversely affect
Lender's interest in the Property, aport Lender's request Borrower shall promptly funfish to Lender receipts
evidencing these paymeuts.
If Borrower fidis to make these payments or 'the payments required by paragraph'2, or fidis to perftmu any other
covemmts and agreements contained in fids Security Instrument, or there is a legal proceeding that nmy significantly
affect Lender's rights in the Property (such as a proceeding ill bankruptcy, for condem~mtion or to enforce laws or
regulatimts), then Lender nmy do,and pay whatever is necessary to protect the value of the Property and Lender's
rights in the Property, including p;.yment of taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additiomd debt of Borrower and be
secured by this Security Instrument.' These anmunts shall bear interest t¥om the date of disbursement, at the Note rate,
and at the option of Leuder, shall t-e i~mnediately due a~d payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrmnent nnless Borrower:
(a) agrees in writing to the payment of the obligation secured by Otc lien in a rammer acceptable to Lender; (b)
contests in good faith the lien by; cr defends against enforcement of the lien in, legal proceedings which in the
Leuder's opi~fion operate to 'prevmt the enforcement of the lien; or (c) secures rom the holder of the lien an
agreement satisfitctory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
of rite Property is subject to a lien ',vh:,ch may attain priority over this Security Instrument, Lender may give Borrower
a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within
10 days of the giving of notice.
8. Fees. Lender may collect f:es and charges authorized 'by the Secretary.
9. Gronnds for Acceleration of Debt.
(a) Default. Lender may.~ e~:cept as limited by regulations issued by the Secretary, in rite case of payment
defaults, require inunediaie ~ayment in full of all sums secured by this Security lnstrun~ent if:
(i) Borrower defaults by ,failing to pay in fi~ll any monthly payment required by this Security Instrument
prior to or on the due ~latc of the next monthly payment, or
(ii) Borrower dethults 'by failing, for a period of thirty days, to perform any other obligations contained
in this Security Ii,strut mti.
(b) Sale Without Credit 4~Pproval. Lender shall, if pernfitted by applicable law (including Section 341(d)
of file Cram-St. Germain D~'pository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior
approval of the Secretary, re~luire inunediate paynmm in full of all sums secured by flris Secm'ity Instrument
if:
(~4R(WY) ~9604).0~ P.g. 4 o~ ~
o9o054¢",, r . 0 95
(i) All or part of fl~e Property, or a beneficial imerest itl a trust owning all or part of file Property, is sold
or ofl~erwise trax[st'erred (off,er fl~an by devise or descent), and
(ii) The Property is ~.,:)t occupied by fl~e purchaser or grantee as his or her principal residence, or the
purchaser or .grantee.does so occupy flxe Property but his or her credi~ has not been approved in
accordance wifll file reqt trements of the Secretary.
(c) No Waiver. If circumst.-'mces occur that would permit Lender to require immediate payment in full, but
Lender does not require such payments, Lender does nut waive ~ts rights wifl~ respect to subsequent events.
(d) Regulations of I~IUD Secretary. In many circumstances rcgnlations issued by the Secretary will limit
Lender's fights, in file case of payment defaults, to require inuuediate payment in full and tbreclose if not
paid. This Security Instrument does not auflmfize acceleration or tbreclosure if not permitted by regulations
o f die Secretary.
(e) Mortgage Not Insured. Borrower agrees rial if this Security Instrmnent and fl~e Note are not determined
to be eligible /bt insuran?e, under fl~e Natioxml Housing Act within 60 days from the date hereof, Lender
may, at its option, requi~e immediate payment itl full of all sums secured by fllis Security hlStrument. A
written statement of any auttmfized agent of fl~e Secretary dated subseqt, ent .to 60 days from the date hereof,
declining to insure flliS Security hlstrument and file Note, shall be deemed conclusive proof of such
ineligibility. Nolwifl~sta~Mi.ng rile tbregoing, this option may not be .exercised by Lender when the
unavailability of insnranc~ ,s solely due to Lender's failure to renfit a mortgage insurance premium to the
Secretary. -
10. Reinstatement. Borrow(.r has a right to be reinstated if Lender has required inmlediate payment ill full
because of Borrower's failure to pay an amount due under file Note or fids Security Instrument. This right applies
even after foreclosure proceeding': ;re instituted. To reinstate die Security lnstrmnent, Borrower shall tender in a
lmnp sum all amounts required to' bring Borrower's account current including, to tlie extent flley are obligations of
Borrower under fids Security Instr;mtent, foreclosure costs and reasonable and customary attorneys' fees and expenses
properly associated with rite foreclosure proceeding. Upon reinstatement by Borrower, Otis Security Instrument and
file obligations rial it secures shall renmin ill effect as if Lender bad not required inunediate payment in
However, Lender is not require~l 'to pernfit reinstatement if: (i) Lender has accepted reinstatement after the
connnencement of foreclosure pro?e,:dings widfin two years ilmnediatdy preceding the commencement of a curre,t
foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds itt file future, or (iii)
reinstatement will adversely affect 'tll,~, priority of die lien created by tiffs Secm'ity lnstrament.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of file time of payment or
modification of amortization of th:~, ?runs secured 'by fills Security lnsmm/ent granted by Lender to auy successor in
interest of Borrower shall not opfirate to release file liability of fl~e origi~al Borrower or Borrower's successor itt
interest. Lender shall not be required to conunence proceedings against ally successor in interest or refllse to extend
time for payment or ofl~erwise modit~ amortization of fl~e sums secured by fills Security Iustnunent by reason of any
denmnd made by fl~e origi~tal Borrower or Bmmwer's successors in iuterest. Any forbearance by Lender in exercising
any right or remedy shall not be a waiver of or preclude file exercise of any right or remedy.
12. Successors and Assigns.Bound; Joint and Several Liability; Co-Signers. The covemmts and agreements
of this Security Instruntent shall bhul and benefit file successors and assigns of Lender and Borrower, subject to
provisions of paragraph 9(b). Bo-tower's covenants and agreements shall be joint aud several. Any Borrower who
co-signs fills Security Instrument but does not execute d~e Note: (a) is co-signing fills Security Instrunlent only to
mortgage, grant and convey fl~at Borrower's interest in rile Property under tile terms of tiffs Security lnstrmnent; (b)
is not persmmlly obligated to pay file sums secured by this Security Instrument; and (c) agrees that Lender and any
other Borrower may agree to extetd, modify, Ibrbear or make ally accommodations widl regard to the terms of Ods
Security Instrument or rile Note wi~lmut fltat Bon'ower's consent.
0 9 6
13. Notices. Any notice to BorrOwer provided for in fids Security Instrument shall be giveu by delivering it or
by mailing it by first class mail unl:~ss' applicable ]aw requires use of another method. The notice shall be directed to
the Property Address or any other'.address Borrower designates by notice to Lender. Any notice to Lender shall be
given by first class nmil to Lender's address stated herein or any address Lender designates by notice to Borrower.
Any notice provided for in this Security histrmnent shall be deemed to have been given to Borrower or Lender when
given as provided in dfis paragraph..
14. Governing Law; Severability. This Security instrmnent shall be governed by Federal law and the law of
file jurisdiction in wlfich the Property is located. In rile event that any provision or clause of this Security lnstmn~ent
or the Note conflicts with applicabl.' law, such conflict shall not affect other provisions of this Security Instrument or
the Note which can be given effetlt without the couflicting provision. To this end file provisions of this Security
Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of file Note and of this Security
instrument.
16. ][[azardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release
of any ttazardous Substances on o',' ix~ file Property. Borrower shall not do, nor allow anyone else to do, anything
affecting the Property that is itt vio:ati:m of any Enviromnental Law. The preceding two sentences shall not apply to
die presence, use, or storage on th.e Property of snmll quantities of ttazardous Substances that are generally
recogxfized to be appropriate to normal residential uses and to maiotenance of file Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsoit or other action
by any governmental or regulatm'y agency or private party involving the Property and any Hazardous Substance or
Enviromnental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any govermnental
or regulatory authority, that any re:'.noYal or other remediation of any Hazardous Substances affecting file Property is
necessary, Borrower shall prmnptly' tale all necessary remedial actions iu accordance with Enviromnental Law.
As used in this paragraph 1¢, "Hazardous Substances" are those substances defined as toxic or hazardous
substances by Environmental La~ a:.~d file lbllowing substances: gasoline, kerosene, other flanunable or toxic
petroleum products, toxic pesticide~; and herbicides, volatile solvents, materials containing asbestos or formaldehyde,
and radioactive materials. As used,;in this paragraph 16, "Enviromnental Law" means federal laws and laws of thc
jurisdiction where rite Property is 1{ cared that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender fl~rther covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues
of the Property. Borrower authoriz~'s Lender or Lender's agents to collect the rents and reve~mes and ltereby directs
each tenant of the Property to pay de rents to Lender or Lender's agents. However, prior to Lender's notice to
Borrower of Borrower's breach of an2, covenant or agreement in the Security Instrument, Borrower shall collect and
receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assigmuent of
rents constitutes an absolute assigmnent and not an assignment for additioiml security only.
If Le~der gives notice of breach to Bon'ower: (a) all rents received by Borrower shall be held by Borrower as
trustee for benefit of Lender mdy, to be applied to file sums secured by the Security lnstrmnent; (b) Lender shall be
entitled to collect and receive all o" ff-e rents of the Property; and (c) each temmt of the Property shall pay all rents
due and mrpaid to Lender or Lendm's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assigmnent of the rents and has not and will not perfi)nn any act that would
prevent Lender from exercising its :ights under this paragraph 17.
Lender,shall not be required to enter upon, take control of or maintain the Property before or after giving notice
of breach to Borrower. However, Lender or a judicially appointed receiver nmy do so at any time there is a breach.
Any application of rents shall not cure or waive any defimlt or invalidate any other right or remedy of Lender. Tiffs
assigmnent of rents of rite Property shall tentfinate wllen file debt secured by rite Security Instrmnent is paid in dali.
(~,~4R(WY)
Page 6 of B
Initi~
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18. Foreclosure Procedure. if Lender requires im~nediate payment in full nnder paragraph 9, Lender may
invoke the power of sale and an3 ~ther remedies permitted by applicable law. Lender shall be entitled to collect
all expenses incurred in pursni~ig the remedies provided in this paragraph 18, including, but not limited to,
reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the
person in possession of the Property, il' different, iu accordance with applicable law. Lender shall give notice o~'
the sale to Borrower in the manner provided in paragraph 13. Lender shall imblish the uotice nf sale, and the
Property shall be sold in the m!.-nner prescribed hy applicable law. Lender or its designee may pm'chase the
Property at any sale. The proceeds of the sale shall be applied in the l'oliowing order: (a) to all expenses of the
sale, including, but not limited to, reasonable attorneys' fees; (b) lo all sums secured by this Security
Instrumeut; and (c) any excess tc lhe person or persons legally eotitled to it.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires
immediate payment in full under Paragraph 9, the Secretary may invoke the noujudicial power of sale
provided in the Single Fanfily Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting
a foreclosure commissioner designated nnder the Act to comme,~ce foreclosure and to sell the Property ;ts
provided in the Act. Nothing ia the preceding sentence shall deprive the Secretary of auy rights otherwise
available to a Lender nnder this faragraph 18 or applicable law.
19. Release. Upon,payment.cf all sums secm'ed by tiffs Security Ii~strument, Lender shall release this Security
Instrument without charge to Borrower. Borrower shall pay any recordation costs.
20. Waivers. Borrower waives all rights of homestead exclnptiou in the Property and relinquishes all rights of
curtesy and dower in fl~e Property.'-
21. Riders to this Security ]pstrument. If one or more riders are executed by Borrower and recorded together
with this Security Iustrument, thc. : covenants of each such rider shall be incorporated into aod shall amend and
supplement the covmmnts and ague:merits of tiffs Security Instrument as if fl~e rider(s) were a part of this Security
Ins~nent. [Check applicable box(~s)].
~ Condominium Rider [~ Growing Equity Rider ~ Off, er [specify]
~ Planned U~fit Developmenf' Rider ~ Graduated Paymeot Rider ~,R~ RIDIgR
0 00544 · 09.8
BY SIGNING BELOW, Borrt?~¢r accepts and agrees to the terms contaiacd in fids Security Instrument and in
any rider(s) executed by Borrower atttl recorded with it.
Wi messes:
(Seal)
SHANA D. WItEELER ~Borrower
(Seal)
-}Jorrower
(Seal) (Seal)
-Borrower -Borrower
(Seal.) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
STATE OF WYOMING, LINCO.21r
The foregoing instrument was acknowledged before me fids JUNE 2 2NI),
by RAYMOND E. gTHEELER arid SHANA D. WHEELER
2004
County ss:
(date)
My Com]mssion Expires:
(~(~4R(WY) 1~6o4}.o ~
9-15'-07
q)erson acknowledging)
Nolary Public
Page 8 ol 8
0. 00544 -, · 099
ADJUSTABLE RATE RIDER
FHA Ci~sc No.
593-0004762 729
THIS ADJUSTABLE R 5TE RIDER is nmde tiffs 22ND day of Jmqg ,
2004 , and is incor',)orated into and shall be deemed to amend and supplement the Mortgage,
Deed of Trust or Security '3eed ("Security instrument") of the same date given by fl'~e undersigned
("Borrower") to secure Borrower's Note ("Note") to WELLS FARGO B.M',IK, N.A.
(the "Lender") of file same &'re and covering the Property described iu the Security Instrument and located
at: 336 WEST DANA STR[;ET, THAYNE, WY 83127
, [Property Address]
THE NOTE CON'i;AINS PROVISIONS ALLOWING FOR CHANGES IN THE
INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE
AMOUNT THE BORCIOWER'S INTEREST RATE CAN CHANGE AT ANY ONE
TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the coveuants and agreements made in the Security
Instrument, Borrower and Lendt:r thriller covemmt and agree as l"ollows:
INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date
The interest rate ~m~y change on the first day of OCTOBER , 2005 , and on
flint day of each succeeding y(mr. "Change Date" nmans each date on which fl~e interest rate could change.
(B) The Index .
Begimfing with the first',Change Date, fl~e interest rate will be based ou an Index. "Index" mea~ks the
weekly average yield on 'U~fired States Treasury Securities adjusted to a constant umturity of one year, as
~nade.available by fire Federal Reserve BOard. "Curreut Index" means the most receut ludex figure
available 30 days before tim 'YA~ange Date. If file Index (as defined above) is no longer available, Lender
will use as a new Index any index prescribed by the Secretary. As used in this Rider, "Secretary means the
Secretary of Housing and U()an Development or his or her designee." Lender will give Borrower ~mtice
of the new Index.
0042861252
FIlA l~[ultistate ARM Rider - 10/95
(Ct Calculation of Interest Rate Changes
Before each Change Date Lender will calculate a new interest rate by adding a nmrgin of
TWO AND OI, I~..-QUARTER perceutage point(s)
( 2.25 0 %) tc the Currant Index and rounding the stun to tile nearest one-eighfl~ of one
percentage point (0.125%). Subject to the limits stated ill paragraph (D) of this Rider, tiffs rounded
amount will be the new interest rote until the next Change Date.
(D) Limits on Interest Raft! Changes
The existing interest rate will never iucrease or decrease by more fl~arl one percentage point (1.0%)
any single Change Date. Tile interest rate will never be more fliau five percentage points (5.0%) higller or
lower finm file initial interest rate. as stated ill Paragraph 2 of fl~e Note.
(Et Calculation of Paymenl Change
If the interest rate chang ~s on a Change Date, Lender will calculate the amount of monthly payment
of principal and interest which would be necessary to repay fl~e unpaid principal balance in fidl at file
Maturity Date at file new interes; rate fllrough substantially equal i)ayments. In tmlking such calcuh, tion,
Lender will use the unpaid prhrcipal balance which would be owed on rile Change Date if there had been
no default in paymem on file Note, reduced by file amomu of any prepayrnents to principal. The result of
this calculation will be the am,/ur.t of the new monfldy payment of principal and interest.
(F) Notice of Changes
Lender will give notice t'.) [;orrower of any change iix file interest rate and monthly payment atnount.
Tile notice must be given at least 25 days belbre the new monthly payment amonnt is due, and must set
forth (it the date of the notice: (ii) the Change Date, (iii) tile old interest rate, (iv) rile new interest rate, (vt
file new monthly payment amomn, (vi) file Current Index and rile date it was published, (vii) the tnethod of
calculating the change in monlhly paymeot ;re'taunt, and (viii) rely oilier infornuttion which may be required
by law from time to time.
(G) Effective Date of Changes
A new interest rate calculated in accordance with paragraphs (Ct and (D) of this Rider will become
effective on file Change Date. Borrower shall nmke a payment ill tile new monfldy amomtt beginning on
file first payment date which 6cct'u's at least 25 days after Lender bas given Borrower rile notice of changes
required by paragraph (F) ot fl~s Rider. Borrower shall have no obligation to pay any increase iu the
nronthly payment amount calculated in accordance wifl~ paragraph (Et of this Rider for any payment date
occurring less than 25 days vfte:- Lender has given rile required notice. If the monthly payment amount
calculated itl accordance Mill ?./ar:tgraph (Et of this 'Rider decreased, but Lender failed to give timely notice
of fl~e decrease and Borrower nn~de any monthly payment anmunts exceeding fire payment amomlt which
should have been stated in a tmely notice, then Borrower has file option to either (it denmnd file return to
Borrower of any excess paymem, with iuterest dlereon at the Note rate (a rate equal to the interest rate
which should bare been state4 i:l a timely notice), or (ii) request that any excess payment, with interest
thereon at the Note rate, be ap[fled as payment of principal. Lender's obligation to ~3¢~r9 any excess
payment with interest oil d enmnd is not a ssig,mble even it' fl~e Note is o dlerwise )ffsig~d be[ore the
denmnd for return is nmde. /~__~
Inltl~_
(~591U (9705) Page 2 of 3
BY SIGNING BELOW, Borrower accepts and agrees to file tcrlns and covelmnts contained in this
Adjustable Rate Rider.
-Borrower SHANA D. ~/HEELER
-Borrower
(Seal) (Seal)
-Borrower -Bon'ower
(Seal) (Seal)
-Borrower -Borrower
(~)~591U'(9705)
Page 3 of 3