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HomeMy WebLinkAbout900580JUN-28-2004 NON 09:47 ~M NO, 'BOOK - ~',, & i' State nf Wyoming -- [Space Aha,ca ']'hi~ Llno For Recording Data] MORTGAGE FHA C,~e §gl-0954669 703 THIS MORTGAGE ("Security Ivstrument") is given on .rtnca 2 a, 2 oo¢ The Mortgagor is SmLR h-tn,;SgX:~R, A $IlffOI.,Z PERSON ("Borrower"). This Security Insu'umem is given {o lq~.LI..S FARGO which is organized and existing under lie laws of THE trNI'r~D STATES . and whos~addrcss is P,O, BOX 1030~ DeS MOILS, IA 503060304 ("Lender"). Borrower owes ~ndcr tho principal sum of O~ ~RED FIFtEeN ~OU~M~ ~ ~R~ SIXTY T~m~ ~ 00/i00 Dollars (U.S. $********'115,963.00 ), This debt is evidenced by Bo~ower's note dated th~ same date ns ~is Security Inst~ment ("Note"), which provides foc mont~y paymonL% wkh tho ~11 debt. if not paid earlier, duc and payablo on ~Y 01, 203& . This S~(arb y Inst~ment secures to ~ndur: (a) tho repayment of ~= debt cvidenc~ by the No{o. wi~ interest, ~d'all renews'h, ~xte~io~}$ and ~dificntions of the Note; (b) the paymunt of ~1 other sums. wld~ line,est, adv~c~ under para~rap~ 7 ~o protect the s~urity of this Secufi{y Ins~m~at; ~d (e) the perfom~ce 00421096o9 JUN-28-2004 NON 09:47 FAX NO, of Borrower's covenants and agret:mePts nnder this Security Instrum~m and the Note. For this purpose, Borrower does hereby mortgage, grm~t and c.~nwy tO the Lender with power of sa/e, the following d~cribed property loealed ill L~:NCon~r County, Wyoming: SER TITL~ FOR LE~,L DESC,qI~ION. LA, EL/SEAL NUMBER(5) 126577 & 126578 SERIAL NUMBER 16147 THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME ~ORTGAGI~, P.O. BOX 10304, DES MOI~q~S, IA 503060304 which has the address of 391 CO, YTN~3," ROAD #,'t06, SMOOT [Strt~t, Wyoming a'~12~ [Zip Coda] CPropertyAddrcss"); TOGETIIER WITH all the ~mp~ovements now or bcreai~er erected on the property, and all easements, appurtenances and fixtures now or hereafter a p~rt of the property. All replacements and ~dditions shill also be covered by this Security Instrument. All of the Ibregolng is referred to in this Security Instrument as the "Property. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed ~d has the right to mortgage, grant and convey the PrOl~erty ,'md that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title ~o the Property against all chinu m~d dem,'mds, subject to ,'my encunlbrances of record. THIS ~CURYI'Y INSTRUMENT combines uniform covenants for uadon,~l use anti non-uniform covenants with limited variations by Jurisdiction to con~titule a uniform security instrument coveting real property. Borrower and Lender covenant 'and 'agree as follows: UNIFORM COVENANTS. I, Payment of Principal, Interest and Late Charge, Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and lat~ charges due m~der the Note. 2, Monthly Payment et Ta~e~, Insurance and Other Charges, Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and nny late charges, a sum for (a) taxes and special assessments levied or to be levied against the PrOl)eny, (b) leasehold payments or ground rents on the Property, and (c) ptcmiun~ for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage imuranee premium to the Secretary of ltousing and Urban Development ("Secretary"), or In any year in which snch premium would have been required it' Lender sllll held the Security Instrument° each monthly payment shall al~o include either: (i) a sum fc~ the anuuul mong~lge Insurance premium to bo paid by Lender to the Secretary, or (Ii) a monthly eh~ge instead of a mortgage insurance premium if this Securily Instrument is held by the Secretary, in a reasonable mnount to be determined by the Secretary, Except for the moral'dy charge by the Secretary, Ihege items are called "Escrow Items" and ,.he s!am.~ paid to Lender are c,-'dled 'Escrow Funds." Lender may, at any time, collect anti hold amounts for Escrow ltetm in ~,n aggregate amount not to exccvxl the nmximum amount that may be requb'ed for Borrower's escrow account under the Real Estate Settk~ent Procedures ACt of 1974, 12 U.S.C. Section 26:91 e.~ seq. ami implementing regulations, 24 CFR Part 3500, as they may be ' ~uucnded from time to time ("RESPA"), except that the cushion or tcsep,'e permitted by RESPA for unanticipated disburscm¢llts or disbursements before tho Borrower's payments are available in the account may not be based on amoums due ~br the mortgage insurm'.ce premium. JUN-28-2004 I10N 09:47 811 FflX NO, P, 18/31 If the amounts held by Lender' for Escrow hc~. exceed the amounts periniued tO be held by RBSPA, Lender shall aecnunt to Borrower for the excess lunds ,as required by RESPA. It' the amounts of funds held by Lender at any time are not suflicient to pay the Esxow~Iterns wl~en due, Lender may nodfy the Borrower and require Borrower to make up the shortage as permitted by REd,PA. The P~scrow Funds are pledged as additional security for all sums secured by thl~ Security h~strument. If Borrower tenders to Lender file full payment of all such sums, Borrower's account shall be credited with tl~e balance remaining for all installment items (a), (19, and (c) ,'md ~my ~)rtgage Insurance premium installment that Lender has not become obligated to pay to the teCmt,'try, ~nd Lender shall promptly refund any excess funds ~o Borrower, Irmncdlately prior to a foreclosure ;ale of ~hc Property or its acquisition by Lender, Borrower's account shall be credited wi~h any balance remaining for all installments for items (a), (b), and (e). 3, Application of Payment.q. 73] payments under paragraphs I and 2 shall be applied hy Lender as follows: q~.~, to the mortgage insorano~ premium to be paid by Lender m the $ceretary or ;o the momhly charge by lhe Seemary instead of the momhly mnttgagt, htsuranee premium; c~&.q_~, to any taxu~, special a~'sessmcnts, leasehold payments or ground rents, and fire, flood and other hazard lnsurar, ee premium.% as required; Third, to interest due under the Note; Four{h, to mnortizz4tion-of the principal of thc Note; and F_l~, to late chargex due under tile Note. 4. }'ire, Flood and Other }lazard lasurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently ere,~.tcd, agahzst any hazards, casualties, and contingencies, including fire, for which Lender requlre~ insurance, q'his insurance ~Mfll be maintained in the amounts and for the periods that Lender requires. Borrower shall 'also insure all hnprovements on the Property, whether now In existence or subsequently erected, against loss by lloods to the cxle~t requtrcd by fl~e Secretary. All insurance sl~all be carded with companies approved by Lender. The insurance policies and ;my renewals shall be held by Lender ,'md shall include loss payable clauses in favor of, and in a form acccl)tal:le to, Lender. In Ihe event et toss, Borrower shall give I.ender immediate notice by mail. Lender may make proof et Ios.~ tf not made promptly by Borrower. Each bsurancc company concerned is hereby authorized ami directed to make payment for such loss directly Io Lender, instead of to Borrower and to Lender jointly. All or any part of tl~e insurance proceeds may be applied by I.~,nder, at its option, ehMr (a) to thc reduction of the indebtedness under the Note and this Security Inslmment, first lo any ~elin¢~ent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the darmged Property. Any application of the proceeds to the principal shall not extend or po~lpone the due date of thc monthly payments which are referred to in paragraph 2, or chtmgc the amount of such payments. Any excess insurance proceeds over an an~ount required to pay all outstandiug indebtedness under the Note m~d this tecm-ity Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property Ihat exfinguishe~ the indeh[c(lness, all right, title and interest of Borrower tn and to insurance policies in force shall p~s to the purchaser. 5. Occupancy, Preservation, Maintenance nnd Protection of the Property; Borrower's Loan Appliealioa; Lea.qehoIds. Borrower shall occupy~ establish, and usc the Property as Borrower'~ principal residence within sDtty days after the execution of this Security h~strument (or within sixty days of a later ~ale or transfer of the Property) and shall continue to occupy the Property a.~ Borrower's principal residence for at least one ye,r a~ter the date of occupancy, nnle.~s Lender determines that requirement will cau.~e undue hardship for Ben-ewer, or unless extenuating cirenmstance.q exist whkh are beyond '.'lorrower's control. Ben-ewer shall notify Lender of any exteuuating circumstances. Borrower shall not co~mnit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, rea~onable w~ar ~nd tear excepted, l,ender nmy inspect thc Property if the Properly is YaC~mt or abm~don,cd or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or t~4R(WYI Page :~ et ti JUN-28-2004 t10N 09:47 Ff~× NO, P, 19/31 '' 20 abandoned Property. Borrower sl~all also be in default if Borrower, during die loan application process, gave materially false or inaeearate information or statements to Lender (or tailed to provide Lender with any n~ateri,al information) in connection Mdt th~ loan evidenced by the Note, including, but not limited to, representl~lions concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on leasehold, Borrower shall comply witl~ the provisions of thc lease. If.Borrower acquires fee title to the Property, the leasehold and fee title sha/I not be fi~ergcd unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of a~ y award o~r claim for damages, direct or consequential, in connection wis any condemnation or other taking of any peri of the Property, or for conveyance in place of condenmalion, are hereby ~slgned and shall be paid to Lender to the extent of the full ~unounl of the indebtedness that rc~nains unpaid under the Note ~ad this Sccurlty h~strumeat. Lender shall apply such proceeds to the reduction of thc i~dcbledness under tho Note and this Security In. su'umcnt, fh's[ to any delinquent ,'m~ounts applied i,~ the order provided in paragraph 3, and then xo prcpayme,':t o/principal. Any application of die proceeds to the principal shall not extend or postpone the due dale Of the mond:ly t'aymenls, which are referred to in paragraph 2, or change the mnount of such payments. Any excess proceeds over a~ amount required to pay all outstanding indebtedness under tho Note and this Security Instrument shall be paid ~o th~.entity legally entitled thereto. 7, Charges to Borrower'and Protection of Lender's Rights in the l%operty., Borrower shall pay all governmental or munlcipal charges, fines a~xd impositions that are not included in paragraph 2. Borrower shall pay these obligations on lim~ directly t~ thc entity which is owed the payment. If failure to pay'would adversely affect Lender's interest in the Property: upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. if Borrower fails to make these pam~ents or thc payments required by p~agraph 2, or fails to perform any other coven,-mts and agreements contaiae6 in.this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Proper [y (such as a proceeding hi bankruptcy, tbr condemnation or lo enforce laws or regulation.,;), then Lender may do end pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, h,'tzard insur,'u~ce anti other items mentioned in paragraph 2. Any amounts disbursed by l,ender under this paragraph shall become an additioi~al debt of Borrower and be secured by this Security Instrument. These aanounts shall bear interest from the date of dishursemeut, at the Note rate, and at the option of Lender, shall b( i~ncdiately due and payable. Borrower shall promptly dlscl~arg~, any lien which has priority over this Security Instrument unless Borrower: (a) agrees ~n writing to the payment of the obligation secured by die lien in a manner accepu~ble to Lender; (b) contests in good faith the lien by, 'or defends against enforcement of the lien in, legal proceedings which in the Lender's opinlon operate to provera tl'~e enforeeraent or the lien; or (c) s,~ures from lhe holder of the lien an agreement satisfactory to Lender sut~ordmating the lien to this Security Instrument. If Lender determines that any part of the Property is stSject to a lien which inay attain Priority over this Security Instrument, Lender may give Borrower a notice identifying the lies. Borrower shall satisfy the lien or take One or more of the actions set forth above within 10 days of the givh~g of notice.. 8. l~'ees, Lender may collect fees ar.d charges authorized by the Secretary. 9, Grounds for Acceleration cf (a) Defxalt. Lender may, except as limited by regulations issued by the Secretary, in' the case of payment defaults, require immediate payment in full of all sums secured by this Secttrity Instrument if: (i) Borrower defauhs by failing to pay la full any monthly payment required by this Security Instrument prior to or on Ihe due date of the next monthly payment, or (ii) Borrower defaults by falling, for a period of thirty days. to perform any other obligations contah~ed in this Security Instrument. ~h) Sale Without Credit A0prc, val. Lender shall, if permitted by applicable law (including Section 341(d) of the earn-St, (3ermain Depository Institulions Act of 1982, 12 El.S.C. 1701j-3(d)) and with the prior approval of the Secretary, rdquire i~nmediate payment in full of all sum_~ secured by this Security Instrument if: Pi~e 4 of 8 JUN-28-2004 I10N 09:48 NO, P, 20/31 ti) All or pmx of lhe Property, or a beneficial interest in a trust owning all or part of the Property, Is sold or othel'wise transferred (other th~ by devise or descent), and (ii) The Property is not occupied by the purch~er or grantc~ as his or her principal residence, or the purchaser or grnntee a0cs so occupy the Property but his or her credit has not been approved in accord~utce wflh die reqairements of the Secretary. - (c) No WaiYer, If ctrcumstanct, s occur tho! would permit Lender to require Immediate payment in full but Lender docs not require ~uch payments, Lender does not waive Its rights with respect to subsequent cvent.q. (d) Regulations of IIUD Secretm-y. In many clrcumst,'mces regulations issued by thc Secretary will limit Lender's rights, in the ca~e of payment defaults, to require immediate payn~en! tn full and foreclose tf not paid. This Security lnstrmncnl does not authorize acceleration or foreclosure if not permitted by regulations of tim Secretary. . (e) Mortgage Not Insured. Bo::rowcr agrees that if thi,~ Security Instrument and the Note arc not determined to be eligible for insurance under the National Hou~ing Act within 60 days from the date hereof, Lender may, at its option, require immediate paymcm in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the dute Ilereof, declining to tnsurc this Security Instrument and the Note, shall be deemed conclusive proof of such ineltgibilky. Notwitllsland"ng the foregoing, thin opt[on may not be exercised by Lender whe~ the unavailability of Insurance ~s solcly due to Lender's failure to renfit a mortgage insurance prenflum to the Secretary. 10. Reinstatement. Borrower has a rifle to be reinstated if Lender has required inunediate payment in full because of Borrower's thllure to pa:/~n ,'chaunt duo under the Note or this Security Instrument. 'this right applies even after foreclosure proceedings ;l'e instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to b:ing Borrower's account current including, to tho extent they are obligations of Borrower under thl~ Security lnstrun,cnt,, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclo,,ure proceeding. Upon reinstatement by Borrower, this Security Instrument mid the obligations that it $ccures shall rezaain in effect as if Lender had not required hmncdiate payment in full. However, Lender is not required ,.to permit reinslatement if: ti) Lender ha.q accepted reinstatement after the commencement of foreclosure procoMings within two yors immediately preceding the commencement of a cml'rent foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) rein.stalement will adversely affect th~.~ priority of th~ lien created by this Security Instrument. 11. Borrower Not Released; F~r~ienranee By Lender Not a Waiver, Extension of the time of payment or modificalion of amortization of the stuns secured by this Security Instrameut gr~mted by Lender to any successor in Interest of Borrower ~hall not opera.'.e to release the liability of the original Borrower or Borrower's successor in interest. Lender shall nor be t'equtred to coaamence proceedings against any successor in interest or re[use to extend time li~r payment or otherwise modil) amortization of the sutm secur~ by this Security Instrumem by reasdn of any demand made by the original Borrow~r o~ Bortower'~ successors in interest. Any forbearance by Lender in exercising an7 right or remedy shall not be a waiver of or preclude the exercise of any ri §ht at rem~y. 12, Successors and As'signs Bonnd; Joint and Several l,lubility; Co-Signers. The covenants and agreemenm of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, ruhjcct to the provisions of paragraph 9(b). BorroWer'~ covenants aml agreements shill be joint and several, Any Borrower who co~signs this Security Instrument but does not execute tile Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security lnslmment; is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that l.~ndet and any other Borrower rm~y agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. JUN-28-2004 I10N 09:48 ~M F~X NO, P, 21/31 13, Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by tirst class nmil unlc.;s applicable law ~¢qnh'es usc of another method. The notice shall be directed to lh¢ Property Address or any other a<ldress Borrower designates by notice lo Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in fids Secu 'it~, Instrument shall be deemed to have been given to Borrower or l.ender when given as provided in this pan,graph, 1.4. Governing [,aw; Several)iliq,, This Security Instrument shall be governed by Federal law and the law of the Jurisdiction in which the Property is loca~ed. In the event that any provision or clause of this Security Instrumeut or fire Note conflicts with applicable'law, such conflict shall not affect oth~r provisions of this Security Instrument or tho Note which can be given effect, without the cOnflicting provision. To this end the provisions of this SeCurity Instrument and the Note are declared ~to be severable. 15. Borrower'.~ Copy, Borro',vor Shall be given one conformed copy of the Note and of this Security Instrument. 16, Hazardo~ Substance.q. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall no~ do, nor allow anyone else to do, anything affecting the Property that Is tn viola:ion of any F-nvironmental I. aw. The preceding two sc'ntcnces shall not apply to the presence, use, or storage on the Property of sm~l quantities of Hazardous Substances that are generally recognized to be appropriate to normal P;xsidendal uses and to nmintenance of thc Ploper~y. Borrower droll promptly give l-smder written notice of any investigation, claim, demand, lawsuk or other action by any governrm:ntal or regulatory agency or private party involving the Property ami any Ilazardous Substance or Environmental I .aw of which Borrower has actual knowledge. If Borrower learns, or is uotificxl by any governmental or regulatory authority, that m~y removal or other remedlation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used In this paragraph 16, "lqazardoas Substmmcs" are those substances defined as toxic or hazardous Substances hy Envh'ontnental Law ~md the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides ;'..nd herbicides, volatile solvents, materials containing asbestos or lbrmaldehyde, m~d radioactive materials. As used in this paragraph 16. "Envh'onmcntal Law" means federal laws and taws of the jurisdiction where the Property Is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Be'crower and Lender further covenant and agree as follows.: 17, A.~ignment af Rent.q, Borrower unconditionally assigns and t,'ansfcrs to Lender all the renu and revenues of th= Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay tlie .rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of m~¥ covenant or agreement in the Security Instrument, Borrower shall cx~llcct and receive all rents as~d rovenues 0f the 7roperty as trustee for the benctit of Lender and Borrower. This assi~unent of rents constitutes ,an absolule assigmne~t and nor an assigmnent for additional security only. If Lender gives notice of breach·to Borrower: (a) all routs received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to.be applied to the sums secured by the Security Instrument; (b) Lender shall be eutided to collect attd receive all of t;~e rents of the Property; and (c) each tenet of the Property shall pay all rents due trod unp,'fld to D:nder ar Lcnder's~agcnt on Lender's written demand to the tenant. B0n'ower has not executed ,'uty prior assignment of the rents aud has not ,'utd will not perforrn ,any act that would prevent Leader from excrcislug its rig.;~ts under this paragraph 17. Lender shill not be required to eater upon, take control of or maimain the Property before ox' after giving notice of breach to Borrower. However, Lei der or a judicially appointed receiver may do so at any thne there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rcmts of the Property sh~'dl terminate when the debt secured by tim Security Instrument is paid In full. JUN-28-2004 I'ION 09:48 ~M FAX NO, P, 22/31 18. Foreclosure Procedure. If l,ender requireq immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedics permitted by applicable I.~w. Lcnder shall be entitled to collect all expenses incurred in pursuin~ the rcmedi~ provided in this paragraph 18, including, but not llmitcd rea.~unable attorneys' fees and co.sis of title evidence. If Lender invok~ the powm of sale, Lcnder shall give notice of intent to foreclose to. Borrower and to the person in possession of thc Property, if different, In accordance with applicable law. Lender shall give notice of the sah: to Borrower ia the mam,:cr provided tn paragraph 1~, Lender shall publish the nolice of .~le, and the Property shall be sold in thc menner prescribed by applicable law, Lender or its designee may purchase Proper{y at any sale, The proceeds o1' the sale shall be applied in the tallowing order: (a) to ali expenses of the S~le, including, but no~ limitee .to, reasonable attorneys' fees; (b) to all sums secured hy this Security Instrument; and (c) an)' excess to'the person or persons legally entitled to' it. If the Lender's interest in Ibis'Security Instrumen~ is held by the Secretary and ~he Secretary requires immediate payment ia full under Paragraph 9, thc Secret,fy may invoke the nonjudicial power of sale provided In the Single Family Morlgagc Foreclosure Act of 1994 ("Act") 02 U.$.C. ~751 e4 xeq,) by requesting a foreclosure comml~loner d~sii~ated under the Act to commence forcelocure ~lld to sell lhe Prnperty as provlded in the Act. Nothing h'. tbi~ preceding sentence shall deprive the Secretary of any rlghls otherwise available to ~ Lender under this P~ragraph lg or applicable law. 19. Release. Upon payment Of all sums secured by this Security Instrument, Lender shall release this Security lnstmmenl without ctmrge to Borrc;wer. Borrower shall pay any recordation costs. 20. Waivers. Borrower waives ~1 rights of homestead excmption in the Property and relinquishe~ :~!1 rights of curtesy and dower in the Property~ 21. Riders to this Se~:urjCy lnstrnment, If one or more riders are executed by Borrower ea~d recorded together with Ibis Security Insmnnent, the cov:.enants of each such rider shall be incorporated into mad shall amend and supplement lho cove~mnts and agrc,~,me::~ts of this Security Instrument as if the rider(s) were a part of this Security in,~lptent, [Cheek applicable box(es)l.; L_._ ! Condominium Rider :. .~ Growing Equity Rider ~ Othor [specify] ['--] Planned Unit Dovelopment Rider Graduated Paymem Rider ~ RXlPv. R (~),~4RtWy} 150o4~ o~ JUN-28-2004 HON 09:48 FR× NO, P, 23/31 BY SIGNINO BELOW, Borrower accepts and agreeg to the terms contained in this Security Instrument nd in any rider(s) executed by Borrower and r'-corded with it. Witnesses: (Se,d) -])orrowilr __ (Seal) -Borrower __, (Seal) __ (Seal) -BOITOWC/ -l~orrowcr (Seal) . (Seal) -Borrow,~r -Borrower (Seal) (Seal) -Borrower -Borrower STATE OF WYOMING, The foregoing instrument was m:knowledg'cd before meflfis o'[n~ 2 ga'R, 2004 Count y (date) My Comnflsslon Expires: ~--4R{WYi (person acknowledging) Public Pa0u 8 of 8 LEGAL DESCRIPTION A portion of the NW~,4SE¥~ of Section 31, T31N Rll8W of the 6th P.M., Northwest from Smoot, Lincoln County, Wyomirg and more particularly described as follows: BEGINNING at a point in the East line of said NW¼SE~A, said point being 644.87 feet N 0°15'07'' W, from a B.L.M. type Monument set marking the Southeast corner of said NW~ASE~A; thence S 89°49'01" W, 380.00 feet; thence N 0°15'07" W, 231.50 feet; thence N 89°49'01'. E, 380.00 feet; thence S 0°15'07'. E, 231.50 feet to the POINT OF BEGINNING. ALSO, a portion of the NW~ASE~,4 of Section 31, T31N Rll8W of the 6th P.M., Northwest from' Smoot, Lincoln County,- Wyoming and more particularly described as follows: BEGINNING at a point in the East line of said NW~ASE~A, said point being 413.37 feet N 0°15'07'' W, from a B.L.M. type Monument set marking the Southeast corner of said NW~ASE~,4; thence S 89°49'01'' W, 380.00 fi~et; thence N 0°15'07'' W, 231.50 feet; thence N 89°49'01'' E, 380.00 It:et; thence S 0°15'07.. E, 231.50 fee: to the POINT OF BEGINNING. 'i';" J. MANUFACTURED HOME RIDER TO THE MoFr~.TGAGEJDEED OF TRUST/SECURITY DEED This Rider is made this u"01~: 28, 2004 , and is incorporated into and amends and supplements the Mortgage/Deed of Trust/Security Deed (the "Security Instrument") of the same date, given by the undersigned [the "Borrower"l to secure Borrower's Note to (the '"Lender") of [he same date (the "Note"l and covering the Property described in the Security Instrument and tooated at: 391 COUNTY ROAD #406, SMOOT, WY 83126 (Prapert¥ Addr..~l Borrower and Lender agree that the Security Instrument is amended and supplemented to read as follows: The ProperW covered by ~he Security Instrument (referred to as 'Property" in the Security Instrument) includes, but is not limited to, the Manufactured Home (Serial Number. if required, ) affixed to the property legally described in the Security Instrument.. Lable/Seal ~ 126577 & 126578 Serial tt 16147 Additional Covenants'of Borrower Borrower will comply with all stale end local laws and regulations regarding the affixation of the Manufactured Home to the property described in the Security Instrument including, but not limited to, surrendering the Certificate of Title (if required) and ,~btaining the requisite governmental approval and accompanying documentatio¢i necessary to classify the Manufactured Home as real property under state end local law, The Manufact ired Home described above wilJ be, at all times and for all purposes, perman~:ntly affixed to and part of the property described in the Security Instrumeht, Affixing the Manu,~ectured Home to the property described in the Security Instrument do.~s not violate any zoning Paws or other local requirements applicable to r0anufactured homes. NMFL ~$~22 03/01 · .;. , ' - ......7 . ,: By sicjning below, Borro~ver accepts and agrees to the terms and covenants contained 'n this Manufaczured Home qider. ,, {Seal - ¢~ ¢~__---- (Seal) -- __ (Seal) (Seal) .Bonl~svcr (S~al) (..Seal) -]~orrowct' __ (S~al) -Bon¢~v~r -Burrower STAT~: OI~ tv~'O~r..blG I$S. COUN1Y OF I, the undersigned Notary Public, in and for the aforesaid State and County, do hereby certify that SHAR HUNSAEE~ BorrowerJsj, personally app(areo before me in said County aha acknowledged the within Jnstrumen! to be their act ard deed Given under my hand and seal :his 28T.,1:I day of My commission expires:..SL¢ ~_.0,.- ~p -~~:~d/ Notary P" NMI'L ~'3322'03/01 Paoli 2 ot 2