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HomeMy WebLinkAbout901717 RECEIVED LIt',,~COLr,~ COL!t'I'T'( OLERI< Pr~ared By: WELLS FAF, CO I~I~'~K, N.A. 1919 DOUCI~A$,, OMAKA, NE 681010000 ~[$lmce Above This Lim~ For Recortllng Data] MORTGAGE DEFINITION3 Words used La multiple sections of this document are defined below and other words arc defined in Secfiom 3, 11, 121, 18, 20 and 21. Certain rule~ regarding the u~age of words u~ed in this document ~c also provided in Section 16. (A) "S~rity Instrument" mcan~ ~ document, which is datedAuGIUST 03, 2004 ro§,~thcr with all Ri&~ to fids document. (B) "Borrower" is cromI G. mmaxs ~ A. ~AYLE HiRRIa, It'ErS~M, ID ~ /fl Borrower ia the mortgagor under this Security lmtrument. (C) "Lender" is Lender is a NATIONAL ASSOCIATION organized and existing ,under the laws of ~ UNITED STATES 0045339983 WYOMING-81ngle Famll¥-F,mnl¢ Ma-/Freddl= Mac UNIFORM INSTRUMENI Form 3051 1/01 Leuder's addr~s is ~.o. l)o;x :{.0304, D~:{ X~iO:~'~'8, ~ 50306030¢ Leader is the mortgagee under this Secm'ity lnstmn~nt. (D) "Note" means the promissory note signed by BoIzow~r and dated ArlOU52' 03, 2004 The Note state~ ~hat Borrower owes Lender .gr~r~th,'z"r POUR 2'1;1OO5A1~ ~ 00/1.00 Dollars (U.S. $ ****'7,1,000. Oo . ) plus interest. Borrower has promised lo pay this debt in regular Peri~lic Payments and to pay the debt in full not later than sz:l~rm, ml~l{ 01, 2o34t (E) "Property" meiu~ the property that is descl-lb~} below Lmder the heading Transfer of Rights in the (]F) "Loan" ~n',eans the debt evi&'nced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due Ullder this S~curity Instrument, plus interest. (G} "Riders" me. am all Riders to this Security Instrument that aze executed by Borrower. The following Riders are to be executed by Borrower [check 'box as applicable]: Adjustable Rate Rider [~ Condominium Ri;er [] Second Home Rider Balloon Rider ~=~ Planned Unit Development Rider ~ 1.4 Fancily Rider [--] VA Rider ti Biweeldy Paymetlt Rider ~ Other(s) [specify] (Il) "Applicable Law" means all controlling appli"cable federal, state and local statutes, regulations, ordinlmees :and administrative rules and offers (that have the effect of law) as well aa all applicable final, mm-appealable judicial opinions.' 0) "Commtmity Association Dues, Fees, and Assessmerlt$" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condornininm association, homeowners a~sociation or similar organization. (J) 'Electronic Funds Transfer" means any transl"er of funds, other than a trimsa~tion originated by cheek, draft, or similar paper instrument, which is initiated Llarough an eleclronic terminal, telephonic instrument, computer, or magnetic tape ~ as to order, instruct, or authorize a financial h~stitution to debit or credit an account. Such term incl'udes, but is not limited to, poinl-ol"-s',de transfers, automated teller machine transitions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those iIem~ that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, Hie Property; (11) condeiunation or other l,'~king of all or any part of the Property; (iii) conveyance in lieu of condenallalion; or (iv) misrepresentations 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. P~r,odic Pay{ne. ut" means the regularly scheduled amount due l"or (i) principal and intel-est tinder Note, plus (ii) any lanounts under Scctio~ 3 of this Security lnstrun~ent. (O) "RESPA" means die Rea{ Estate Settlement Procedures Act (12 U.S.C. Section 2601 ct seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 3300), as they might be ameuded from time to time, or any additional or successor legislation or regulation that governs the same subject mal~er. As used in this Security Instrument, "RESPA" refers to ,all reqldrements and restrictions thai arc impoaed in regard to a "federally related mortgage loan" even if thc Loan does not qualify as a "federally related morlgage loan" under RESPA. {~.8(WYI looos} ~nlu"t:/~~ ~'.~ez of ~5 ~. 2~.~/~r/, Form 30~1 1101 (P) "Sucee~or ia I~tcre~ of Borrower" means any pa/'ty that has t~en title to thc Propmx'-y, whether or not that party Ins assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument aeetm~ to Leader: (j) the repayment of the Loan, and all ri;newels, extensions and modifications of the Note; and (il) the pertbhnanee of Borrower's covenmts and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and asstgna, with power of sale, the following described property located ill file COUNTY Of LINCOLN : [Type at Rccon;fln~ SufllKIiction] [Name ut* Reoordln8 ~uri~dictlon] SEE ATTAC~liX'D Lll(~d%L DESCRIlaTION 2003 REDMAN HOMES, S~RIAL NUM~Ea 17-04-178-03128AB, HUD TAO#'S IDA 217066 AND IDA 217767 TAX STATEMltlCTS SHOULD BE SENT TO* 10304, DES M~INI{S, IA $03060304 WELLS FARGO HOI~ MORTGAge, P.O. BOX ParcellD Number: 1450 SMOOT ("Property Ad~s"): which cmrrently h~ ~e address of Wyoming fl3:1.26 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on thc property, and all 'easements, appurtenance, and fixtures now Or hereafter a p,'u't of the property. All' replacements and additions shall also be covered by thi~ Security Instrument. Ail o[' lhe 10regoing Is referred to in fids Security Instrument as the "Property." · BORROWER COVENANTS that Borrower i~ lawfully selsed of the estate hereby conveyed and has the right to mortgage, grant and convey ~he Pl'operty and thai fl~e Property is unencumbered, except for encumbrances of record. Borrowe~ warrants and will defend generally the title to the Propexty agahut all claims and demands, subject ~o any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform eovenant~s with limited variations by jurisdiction to constitute a uuilbnn security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows': 1. Payment or lq'incipal, Interest, Escrow Items~ Prepayment Charge, and Late Charges. Borrower sh,ill pay when due the principal of, ,and interest on, We debt evidenced by the Nolo and ,any prepayment caarge~ and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Paymen~ duc under the Note ,and this Security Instrument shall be made in ILS. currency. However, if any check or other instrument received by Lender as paymenl under the Note or this fin Security Instrument is returned to Lender unpaid, Lender may t-cquiro that any or all ~ubsequent paymea~ due under the Note and this Security Instrument be rrmde in one or more of the following forms, a~ selected by Lender: (a) ea,sh; (b) mont:y o~der; (c) certified' ch<lc, hank check, treasurer's check or e.a, hier's check, provided any such check is 'drawn upon an i~stitution whose d~oslts are insured by a federal agency, imtmm~ntality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in file Note or at such other location as may be designated by Lender in accordance with the notice provisiom in Section 15. Lender may return any payment or partial payment if the payment or partial payments are inmt~cient to bring the Loan current. Lender may accept arly payment or partial payment insufficient to bring the Loa~ current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the futttre, but Lender is not oW[gated 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 fimds. Lender may hold such unapplied funds until Borrower makm payment to bring the Loan current. If Bonrower does not do so within a reasonable period el' time, Lender shall either apply such fi:ads or retuna them to Borrowc:r. If not applied earlier, such funds will be applied to the oulstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the futul-e agalllst Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or perfornling the covenants zmd agreements secured by fids Security Instrument. 2. Application ar Payment~ or Proceeds. Except as oihcrwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) prhteipal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in whjCll it became due. Any r~'rnaining mounts shall be applied first to ·late charges, second to ally other at~ounta due under this Security Instrument, and then tO reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more thara one Periodic Payrrient is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent ~at, each payment can be paid in full. To the extent that any excess exists al'tar the payment is applied to the full payment of one or more Periodic Payments, ,'tach excess may be applied to ally late .'charges due. Voluntary prepayments shall he applied first to any prepayment charges and then as described {n the Note. . Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of file Periodic Payments. 3..Funds for Escrow Rems. Borrow~ shall pay to Lender oil the day Periodic Paymenkq are due under file Note, until the Note is paid in full, a' attm (the "Funds") to provide for payment of anlounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance oa the Property; (b) leasehold payments or ground rents on the Property, il: any; (c) premiums for any and all insurallce required ~y Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by l~rrower to Let~d'er in lieu of the payment of Mortgage lnstlrance premiums in accordance wiW the provi$intls of SectWn 10. These items are called ".Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Conmlunity Associ~ion DUes, Fees, and Assessments, it: any be escrowed by Borrower, and such dues, tees and assessments shall be alt Escrow Item, Borrower.shall promptly furnish to Lender all notice~ of amounts to be paid under tiffs Sectinn; Borrower shall pay Lender tile Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for rely or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all .Escrow Items at any time. Paly such waiver may only be in writing. In thc event of such waiver, Borrower shall pay directly, when and where payable, rite amounts 6(WY) IO0ol~J :~'aae~o~ ~a F,,m) 3051 1/01 N{ '~t P.q/RPNRJJR 'NL! ~H4 q~t~ll~Nl.l 'flI.1NH Nq~ll~l,l q"l'l~li~ 11~1 l~?,?n ."Ifil ~,nnT._cn_nm~ due for any Escrow Items for which payment of Funds'has b~cn waived by Lender and, if Lender requh'es, shall furnish to Lender receipts evidencing such payment within such time peH0d ss Lender may require. Borrower's obligation to m~e such payments ~nd to provid~ receipts shall for ill purposes be deemed to I~ a covenant and agreemem contained in tlfls Security lnstrmilent, ~s the phrase "coven~u~t and agreement" is used in Section 9. If Borrower is obligated to pay Escro(v Items directly, pursuant to a waiver, and Borrower fails to pay the m~nount due for an Faerow Item, L~ndcr may exercise its rights under Section 9 and pay such anlount and Borrower shall then be obligated finder Section 9 to r~ay to Lender any such amount. Lender may revoke the waiver as to any or all Ese, row Items at any time hy a notice given in accordance with Section 1:5 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then requir~ under this Section 3. Lender may, at any ttme, collect and ho. Id Funds in an an~ount (a) sul:fieiem to permit Lender to apply the Funds at the time sfmcified under RESPA, and (b) not to exce~.xl the maximum ;~mount a lender c. an require under RESPA. Lender shall est~n~te the anmunt of,Funds due on thc basis of current data reasonable estimates of expenditures of future Escrow Items 'or otherwise in accordance with Applicable Law. The Funds shall be held In an Mstitution whose &'posits ~u'e insurc~l by a federal agency, insh'um~ntility, or entity (including Lender, if Lender is an institution whose d~osits ~e so insured) or in ~ny Federfl Home Loan Bank. Lmader shall apply floe Funds t6 pay the Escrow Items no l'ater than thc time specified undm7 RESPA. Lender shill not charge Borrower fei' holding and applying ~he Funds, annually anilyzing the escrow account, or verifying the Escrow lten~, ~nless Lender pays Borrower interest on the Funds ~ Appli~bl~ Law permits Lender to make such a ch~ge. Unless an agreement is made in writing or Applicable Law requires interest to be pild on the Funds, I.Jender shall not be required to pay Borrower any interest or earnings on the Ftmds, Borrower and Lender Can agree in writing, however, that interest shall b~ paid on the Funds. Lender shall give to Borrower, &ithout charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as deflnM under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If l~ere is a shortage of Funds held in escrow, aa defined under RflSPA, Lender shill notify Borrower a~ reqfiired by RESPA, and Borrower shall pay to Lender the ~notmt necessary to m~e u'~ the ~orta,,e in --a t- nmnthly payments. If there is a deficiency of Funds held in esc~ow, as de£med under RESPA, Lender sh',di notify Borrower ss required by RESPA, and Borrower shall ply to Lender the amount necessary to make up the deficiency in accordance with RESPA, hilt in no more than 12 monthly payments. Upon payment in full of all sums secured by this $ecurit~ Instrument, Lender shall promptly ref~md to Borrower ,'my Funds held by Lender. 4. Ch,,rges; LienS. Borrower shall pay ti taxes, ~s~ssments, charges, fines, and impositions attributable to the Property which can att~n priority over tiffs SetaJrity Ir~strUlnent, leasehold payments or ground rents on the Property, if any, and Commot~ity Associati&~ Dues, Fees, sod Assessments, if ~my. To the extent that thc~e items are Escrow. Items, Borrower shallasPa2~ them in the manner provided in Section 3. Borrower shall promptly dischva'ge any lien which h priority over this Security Instrument unless Borrower: (a) agrccs j~ writing to the payment of the obllgafior~ Secured by the lien in a manner acceptable to Leader, but only so long ss Borrower is performing such agreement; (b) contests file lien in good filth by, or defends agilnat en'foreement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcemellt of the lien while those proceedings ar~ pending, but only until such proceedings are concluded; or (c) secures t'rom the holder of'the lien an agreement satisfactory to Lender subordinating ' the lion to this Sectl~ty Instrtmlent. If Lender determines that ;~y part of file Property is subject to a lien which can attain priority over this Security h~strument, Lender may giv~ Borrower a notice identifying the IJ~-61WYI lao~) P~e 5,4 ~ 5 ,j Form 3051 1101 r~14qlX25111 '2llFILl ~rt'LIUJ Oq"l~ llJ O'~,9~ ~rql lien. Within 10 days of the date on which fltat notice is'given, Borrower shall satisfy the lien or take oue or more af file actions set forth above in this Sc~iou 4. Lander may require Borrower to pay a one-time charge for a mai estate tax verification and/or reporting service used by Lander In connection with this Loan. 5. Property Insurance. Borrower shall keep the improvemealts now exisling or hereafter erected on file Prop,-rty loser-cd against loss by fire, 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 t.he periods that Lender requires. What Lender requircs pursuan¢ to file preceding sentences can change during thc term of file Loan. The insurance cra'tier providing the insurance shall be ~oscn by Borrower subject to Lender's right to disapprove Borrower's choice, which fight shall not he exercised unreasonably. Lender may require Borrower to pay, in connection wi~ this Lo~, either: (a) a one-time charge tbr flood zon~ determination, certification and. tracking ~rvlces; or (b) a one-time charge for flood zone determination and certification services and subsequent ehm'gcs each time rcmappings or similar changes occur which reasonably nfi~t affect such determination ot certification. Bon'ower shall also be responsible for the payment of any fees hnposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Bonower tails t6 maintain any of file coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of c~verage. Therefore, such coverage sba. Il cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of ~e Property, against any risk, ba?nrd or liability ~md might provide greater or lesser ~verage tb~m was previously in et:feet. Borrower acknowledges thax 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 additional debt of Bo~xower secured by this Security Instrument. These amounts shall bear interes~ at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Bonower requesting payment. All insurance policies required by Lender and renewals of such policies shill be subject to Lender's right to disapprove such.policies, shall include a stan 'dard mortgage elausel and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal ~rtificat~. If Lender requires, Bonrower shall promptly give to Lender all receipts of paid premiums and renewal noti~s. If Borrower obtains any lbrm or- insurance coverage, not otherwise required by L~der, for damage to, or destxuction of, the Property, such policy shall include a s"tandard mortgage clause and shall n~une Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to ~e insurance carrier ~d Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to ~estoration or repair of the Property, if the restoration or repair is econo~xficaily feasibl~ a~td Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provid~ that such inspection shall be undeaaken promptly. Lender may disburse proceeds for tile repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made In writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically fe,~ible or Lender's security would be lessened, the instance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with £I the excas.s, if any. paid Io Borrow.,r. Such k ,Section 2. If Borrower abandons ~he Property, L claim and related matters. If Borrower does insurance carrier has offered to settle a clair~ period will begin when th,, notice is given Section 22 or otherwise, Borrower hereby proceeds in an amount not to exceed the Co) any other of Borrower's rights (other Borrower) under all insurance policies.cover coverage of the Property. Lender may use to pay amounts unpaid under the Note or this 6. Occupancy. Borrower shall occup} residence within 60 days after the execution Property as Borrower's principal residence fo otherwise agrees in writing, which consent circulr~tances exist which are beyond Borrow, 7. Preservation, Maintenance and Pr destroy, damage or impair the Property, a Property. Whether or not Borrower is residi.~ order to preyer thc Property from detenorat dctcrmin.'ai pursu,'mt to Section 5 that repair promptly repair the .Property If damaged t condemnation procecds arc paid in connectioi shall be responsible for repairing or restoring pu~ose& Lender may disbu~e proceedi for pro~ress paymena as the work is compl~¢d. to r~pair or restore the Property, Borrower is such repair or restoration. Lender or ia agent may mal~ rc~onat reasonable came, I.x. ndcr may inspect the tote: Borrower notice at thc Lime of or prior to such 8, Borrower's Loan Application. Bec process, Borrower or any persons or entitle: knowledge or consent gave materially false, m (or Failed to provide Lender with materi~ representations include, but are not limited Property as Borrower's principal residence. 9. Protection or Lender's hlierest in (a) Borrower fails to perform the covenants an( is a lega] proceeding tha~ might significantly this Security Instrument (such as a proceeding enforcement of a lien which may attain prio regulations), or (c) Borrower has abandoned reasonable or appropriate to protect Lender'l h~strurn~t, including protecting and/o~ assesst, the Property, L~nder's actions can include, bu~ which has priority over this Security lnstru~ mrancc p~eeeds shall be applied in the order provided for ia ~nder may file, negotiate and settle any avail~ble in~urancc not respond within 30 days to a notice from Lender that the then Lender may negotiate ad settle the claim. The 30.day In either event, or if Lender acquires the Property under assigns to Lender (a) Borrower's rights to any insurance unts unpaid under the Note or this Security Instrument, and an the right to any refund of unearned premlulns paid by !rig the Property, insofar as such rights are applicable to the insurance proceeds either to ri:pair or restore the Property or Security Instrument, whether or not then , ~tablish, and use file Property as' Borrower'~ principal of this Security Instrument and shall continue to occupy file r at least one year after the date of occupancy, unless Lender shall not be unreasonably withheld, Or unless extenuating ;f's control. )ti, etlon of the Property; Inspections. Borrower shail not low the Property to deteriorate or commit waste on tht~ ~g in file Property, Borrower shall maintain the Property in iag or decnasing in value due to its condition. Unica,, it is or restoration is not economically legible, Borrower shall ~ avoid further deterioration or damage. If insurance or ~ with damage to, or the taking of, the Property. Bo~:rower the Property only if Lender has released proceeds for such e r~airs and restoration in a single payment or in a series of [f file insurance or condemnation proceeds are not suflScient not relieve! of Borrower's obligation for the completion of le entries upon and inspections of the Property. If it has ior of the improvements on the Property. Lender shall give an interior: inspection specifying such reasonable cause. 'ower shall be in default if, during the Loan application acting at the direction of Borrower or with Borrower's isleading, or inaccurate information or statements to Lender infunnatton) in connection with the Loan. Material representations concerning Borrower's occupalcy of the Property and Rights Under tlfls Security lnstnunent. If i agreements contained iu fl~is Security Instrument, (b) there d¥cct Lender's interest in the Property and/or rights under in bankruptcy, probate, for condemnation or forfeiture, for rlty over this Security h~trumcn/ or to enforce laws or ~e Property, then Lender may do and pay for whatever is interest in the Property and fights under this Security ~g the value of the Property, and securing and/or repairing are not limit,lxt to: (a) paying any sums secured by a lien ~ent; (b) appeari,g in court; and (c) paying re.,~onable P.~,? o* 1~ Form 3OB1 1/01 .rllJf~l~INLl ~II.INH Nq~IH.I q~l-1'~ ILl ~P,9N ~lnl hnnP_cn_,~nu attorneys' fee~ to protect its interest in the Pt:op~rty and/or rights under this Security Instrument, including its secured position In a bankruptcy proceeding. Securing the Properly includes/ but is not limited to, entering the Property to make repairs, change look, replace or board up doors and windows, drain water from pipes, eliminate building or other code; violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Leader does not have to do so and is not under any duty or obligation to do so..It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security hstrument. These :tmounts shall bear interest at the Note rate from thc date of disbursement and shall be payable, with such intere~it, upon notice from Lender to Borrower r~uesting payment. If this Security Instrument is on a lcastshold, Borrower shall comply with all the provisions of the lease. If Borrower acquires t'ec title to the Property, the leasehold and the fcc title shall not merge unless Lender agree~ to the merger in writing. 10. Mortt~ge Imxu'lmc~. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premium required to ktaintain the Mortgage Insurance in effect. It', for any reason, the Mortgage Insuranc~ coverage requited byiLeuder ceases to be available tgom the mortgage huurer that previously provided vueh insurance and Borrower was required to make separately de~ignated payments toward the premiums for Mortgage Insur~ce, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to 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 ceaued to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in 'tull. and Lender shall not be required to pay Borrower any intorc~t or earnings on such loss re~erve. Lender can no longer require loss re~erve payments If Mortgage Insurance covei'age (in th-. amount and for thc period that Lender requires) provided by an insurer 8elected by Lender hgain becomes available, is obtained, and Lender requires · qeparately designated payments toward the premiurm for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payrnent~ toward the premtums for Mortgage I~urance, Bon-ower shall pay the premiun~ required to roaintaht Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage lnsuranm ends in accordance with any written agreement between Borrower and Lender providing for such termination or until t~m~-tination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay inter~t at the rate provided in the Note. Mortgage Insurance reimburses Lender (o~ any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the I,oan as agreed. Borrower is not a party to the Mortgage Imxuance. Mortgage insurers evaluate their total risk on all such insurance in force fi'om time to time, and may enter into agreement~ with other partie~ that sham or modify their risk, or reduce loss'us. These agreemcmts are on terma and condltlon~ that are satisfactory to the mortgage insurer and the other .party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of l'unds that the mortgage insurer may have available (which may include funds obtained from Mortgage .Insurance premimm), As a result of thc~e agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indh'ectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage insurance, in exchange 'for ~h~ng or modifying the mortgage insurer'~ t4~k, or reducing losses. If such agreement provide, that an affiliate, of Lender talces a share of the insurer's risk in exchange for a share of the premlurm paid to the insurer, the an-angement is often term~ ~captive reinsurance." Fu/ther: {~) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms hi' the Loan. Such agreements will not increase the amount Borrower will owe for Mor.tgage Imuranee, .and they will not entitle Borrower to any refuud. O[',fi/YI rondel Form ':t0~l 1/O1 I~[ 'ct £,q)~n~//fl 'nH uu4 ~tLqI~4NLI :tLINH N~131H4 qq'"l~ I·1,1 n¢~Pn ~nl t, nnv_¢n_nnH (h) Any .Such agreements will not affect the fights Borrower has. if any - with respect to the Mortgage Insurance u]adcr the Homeowners Protection Act of 1998 or any of. her law. These rights may include the right to receive certain disclosures, to request and obtain caneellatinn of thc Mortgage lusuranee, tu have the Mortgage Insurance terminated automatically, and/or to receive a refund of any MoM'gage Insurance premiums that were unlearned at the time of such cancellation or termination. 1.1., Assl~meat of Miscellaneous Proct~-ds; Forfeiture. All Miscellaneous Proceeds arc hereby a~sigaed to and shall be paid to Lender. If Mae Property is damaged, such Miscellm~cous Proceeds shall bc applied to rcator.~tion or repair of the Pl'opefty, if Mae rc~to~tion or repair is ~.onomically feasible and Lender's security is not lessened. During such repair ,'md restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportuaity to inspect such propcwty to eastLre thc work has been completed to Lender's satisfactloa, provided that suclz inspection shall be mldertakL'n promptly. Lender nay pay for the repairs and restoration in a single disbuxsemcat or in a series of progress payments as thc work is completed. Unless an agreement Is made in writing or Applicable kew reqttkes interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any intel-est or earnings on such Miscellaneous Proceeds. If the restoration or repair is not ~conomically feasible or Lender's ~urity woald be lessened, the Miscellaneous Proceeds shall' be applied to the sum~ 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 thc or&'r provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscell~cous Proceeds shall be applied to Mae sums secured, by this ~'cudty InsUmnent, whether or not then du~, wiMa the execs, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair nmrkct value of the Property immediately before the partial taking, dcstruction, or loss in value is equal to or greater than the amount of thc sums secured by this Security Instrument immediately before thc partial taking, destruction, or loss in value, unless Borrower and l_cnder otherwise agree in wrltthg, the sums secured by this Security Iastrwmmt shall be reduced by the ;annual of thc .Miscelh'meous Proceeds multiplied by the following kaction: (a) the total amount ol' thc s~rns seem'ed immediately before the partial taking, &st~uction, or loss in value divided by (b) ~e fair market value of the Property immediately befor~ the partial taking, d~struction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destluction, or loss in value' of the Property in which the 'lair market value of the Property tntrnediately before dm partial takiag, destruction, or loss in value is less than the mnount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in wriWag, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Immanent whether or not the sums are then due. If the Property is abandoned by Borrower, or il', after notice by Lender to Borrower ~hat the Opposing Pm'ty (as delined in the next sentcncc~ offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after Mae date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repak of the Property or to file sums secured by this Security Instrument, whether or not then duc, "Opposing Party" means thc thilO party thaz owes Borrower Miscellaneous Procee& or the party agaJast whom Borrower h~ a rig~t of action in regard to Miscellaneous Proceeds. .Borrower shall be in default if any action or proceeding, whether civil or crlmiaal, is begun that, in Lender's jadgraent, could result in forfeiture of' cbc Property or other material impairment of Lender's inmrest in the Property or fights under this Security Inatrmnent. Borrower c;m cure such a default mad, if acceleration has occurred, r~in~tate as provided in Section 19, by causing the action or proceeding to be dismissed win5 a ruling that, ia Lender's judgrneat, precludes forfeiture of die Property or other matcriM impairment of Lender's interest in thc Property or rights under this Security InstrumenL The proceeds af any award or claim for damages that are attribtaable to the ic~painnent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous ProceecLs that are not applied to restoration or repair of the Property shall bc applied in the order provided for in Section 2. 0~)~ iJ~J~ 6(W¥1 fO00.~) P.g* ~ of 15 Form 3051 1/01 'A ~'.O)Q~'NQ) IQ 'Nld 5~HJ qldql~lNl.l 511.INIJ NqklldJ ~q"l~lM llJ NC,TN 3NI hNN'9 C'~'l h.qll 12. Borrower Not Releasedl Forbearance By .Lender Not a Waiver. Extension of the time for payment or modification of amortization of' the sums seem'~ by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrowr. r shall not operate to re/ease the liability of Borrower or any Successors in Inter,st of Borrower. Lcmder shall not be required to commence proceedings against any Successor in lnterest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums sccur~ by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance, by Lender in exercising imy right or rcnnedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors ia Interest of Borrower or h~ amonnts less than the amount then due, shall not be a waiver of or pn:clude the exercise of any right or remody. 13. Joint and Several Liabilityt Co~sigllers; Successors and Assigns Bound, Borrower covemmts and agrees that Borrower', obligations and liability shall be joint and sever,fl. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-sign~'r"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in tho Property under the term/; of this Security/astrumen£: (b) ia not pe~onally obligated to pay the sums secured by this Security Instrument; md (¢) agree, that Lender and any other Borrower can agr~ to extend~ modify, forbear or make any accommodations with regard to the terrna of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in wr:iting, and is approved by Lender, shall obtain all of Borrower's right~ and benefits trader this Security Instrumem_ Borrower shall not be released from Borrower's obligations and liability under thit~ Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided Section 20) and benefit the successors and a~qgns of Len0.er. 14. Loan Charges. Lender may charge Borrower fees for services performed in .connectiun with Borrower's default, for the purpos~ of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other f~'s, the abst'nca of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such tee. Leader may not charge fi. -,es that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is f~nally interpreted so that the iatere,t or other loan Ci~u'gea collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan ohm, ge shall be reduced by the amouut nec~saty to reduce thc charge to file perrrfltted limit; and (b) any ~ms already collect~xl ~om Borrower which exceeded permitted limits will be refunded to Bon-ower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated aa a partial prepayment without m~y prepaytaent chaxge (whether or not a pt~ayment charge is provided fbr und,r the Note). Borrower's acceptance of a/ay such refund ~ade by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower ia cormeetion with ibis Security hnstrument shall be d~em~d to have been given to Borrower wl~en mailed by first class mail or when actually delivered to Borrower's notice address if s~nt by other means. Notice to any one Borrower sha]l constitute notice to all Borrowers unless Applicable Law expressly requires otberwise. The notice address shall be the Property Address unless Borrower ha~ designated a substitute notice addr~s by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of add~ess. If Leuder specifies a procedure 'for reporting Borrower's change of address, then Borrower shall only report a change of address through that speeifi~:l procedure. There may be.' only one designat~ notice address under this Security Ins£xu~cnt at any one time. Any notice to Lender shall be given by delivering ii or by mailing it by first cl~s mail to Lender's address stated herein unless Leader has designated mother address by notice to Borrower. Any notice m connection with this Security Instrument shall not be deemed to have been given to Le~der tmtil actually received by Lender. If any notice required by this Security Instnanznt is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement trader this Security In.~trurnent. ,q! 'ri P~/f~c'nf~//f~ 'NH 16. Govern~g Law; Severability; RUles of: 2o.nstruction, This $ccu~ty Ini trum~nt shall be governed by federal law and the law of theljurisdicti, n m which the Property is located. All rights obligation~ contained in this Security Imtmment arb subject to any r~uh'ement.q ahd limitations of Applicable Law. Applicable Law mh~ht explicitly or ifi~plicitly allow the parti~ to agre~ by contract or It .,might b~. al. lent, but suc.h .~ilenc¢ s, haii no.t ~ co?tru?d a, a proldbition against agreement by contract. me event mat any provmon or clause or thit seettrlt, hmmmem or the Note conflicti with Applicable Law, such conflict shall not affect other provisions ti this Security Instrument or the No[e which a'm be given eftix.'t without the conflicting pmviamnl Aa used in this Security Instrument: (a) words of the masculine g~ttder shall eon and include corresponding neuter wor,,ds or words of th[ femini.n.e g?der; (b)words in fl~e singul~,r shall mcan and include the plural and vice versa; and (c) the word n: ~y gives sole discretion without [any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Sec]urhy IostTument 18. Transfer of the Property or a BenO'lcial Ihteregt In Borrower. As u, ed i~ Wis Section 1~', "Interest in the Pro e "mean~ an · . ...... ...... p rty y legal or.benehclal]lllterest m file Property, including, but not limited to, mose Denencia! interest, transferred in a bond for d~ed, contract for deed, inatallmen6 sales contract or screw agreement, the intent of which is the tt'~sfer of !ltle by Borrower at a future date t6 a purchaser. If all or any part of the Property or any 'Interest iff the Pwperty i.¢ ~old or transferm (or if Borrower is not a natural person and a beneficial interest in Borrgwer is fold or tr;msferred) wltho'~t Lender's prior written consent, Lender may require immediate paynient in full of all sums secured by this Security Instrument. However, this option shall not ;be exercised by Lender if such exercise is prohibited by At~plicable Law. If Lender exercises this option, Lender iskall give Borrower notice of acceleration. The notice shall provide a period of not lc'ss than 30 days fi.om rite date~ the notice is given in accordance with Section 1:5 within which Borrower must pay all sunl~ secured by this Security Instrument. If Borrc wet fails to pay ~ege ?u_ms prior to the expiratlun of Wis pc.tied, Le~der may invoke any re'medics nlermitted by ~ccunty Instrument with.out further notice or demand on]Borrower. - . '1 " 19. Borrower's Right to R~m.~tate Alter Aeeclleration. If Borrower meets ce~.ain conditions, Borrower shall have the fight to have enforcement of ihis Security Instrument discontinued at any tinte prior to the earliest of: (a) five days before sale of the P}operty pursuant to any power of t~alc contained in this Security Instrument; (b) such other period as App)icable Law might specify for th.~ termination of Borrower's right to r~Lr~tate; or (c) ~:ntry of a Judgement entbrcing this Security InStrument. Those conditions are that Borrower: (a) pays Lander all sun!,s whkh then would be due un,er this Security Instrument and the Note as if no acceleration Bad occurred; (b) cure~ any default of any other covenants or purpo,e of protecting Lender's interest m the :Property ~md rights under th!s Security hu!rument; and (d) take~ such action as Lender may reasonably requir~ to[assure that Leader s interest in the Property and righu under this Security Instnmaent, and Boerower sO$1igatlon to pay the sums secured/by this Security Instnunent, ~hall contlnu~ unehang~l. Lender'may requi~e that Borrower pay such reinsta!ement snm~ and expenses in one or more of the following for;ms, as selected by Leuder: (a) cash; (b) money order; certified check, bank check, treasurer's check or cashier, s check, provided any such check is drawn upon an institution whose deposits are insured by a: federal aiency, instrumentality or entity; qr (d) Electr0~dc Fund~ Transfer. Upon r~nstatemeat by Borrower, this Slecurity hastrument and obltgatio~ secured hereby shall remain fully effective as If no aceelerati$n had occurred. However, lifts fight to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notl of Grievance. The Note or a trtial interest in the Note (together with this Security Insh"ument) can M sold one or more~ times withot ,prior notice to Borrower. A sale might result in a change in. the enti~ (known as the Loan Servte~ ') that collects Periodic Payments due under the 'Note and~ this Security Instrument and performs othe~ mortgage loan servicing obligations under the Note, Wis security Inst~ment, and Applicable Law. Ther, also might be one or more changes of the Loan Servicer unrelated to a ~ale af the Noie. If there is a cha ge of the Loan Servicer, Borrower will be given written notice of the ch,tm, ge which will state thc name an address of the new Loan Servmer, the address to Much · ' payments should be made ,and any other infonmtion RESPA 61WY) ioaonl P,,~,~ Il of l~ ,'; rm 30!il hNN7 Cfi lhthl.I requires ia connection with a notice of tr~sf~r of servicing. serviced by a Loan Servicer other than the purchaser of the l~ote, the mortgage' loan servicing obligations to Bolxower will remain with the Loan Servic~.,r or be transfer'red to a successor Loan Servicer and are not a~stlraed by thc Note purchaser unless otherwise provided by t,he Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any jttdicial action (aa either an iadivtdual litigant or the memW.,r of a class) that arises frown the other party's actions pursuant to this Security Instrument or that alleges that the oth,-r party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or L~nder has notified the other party (with such notice given in compliance with the r~luirements of St.~tion dS) of such alleged breach and afl:brded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time p~iod which nmst elapse before cert,'fin action can be taken, that time period will be dt~med to be reasonable 'for purposes of thi.~ paragraph. The notice of acceleration and opportunity to ettre given to Borrower pursuant to Section i22 and the notice of acceleration given to Borrower pursuant to ,Section 18 shall be deemed to satisfy the notice and opportutdty to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 121: (a) "Hazardous Substances" arc those substances defraud as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the fbllowing substances: gasoline, kerosene, other flarm-nable o? toxic petrolcutn products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos[ or formaldehyde, and radioactive materials; (b) "Environmental Law" mear~ federal laws slid laws o1' the j urisdiction where the Property is located that relate to health, safety or environmer~ta[ protection; (c) 'Env'ironmental Cleanup" includes any r~ponse action, remedial action, or renx~val action, a~ defint:d ia Euviromnental Law; and (d) an "]Enviromnental Condition" means a condition that can cause, contribute 't~, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or tl:rreaten to release any Hazardous Substa~ces, oh or in the Property. Borrower shall not do, nor allow anyone else to do, anything Mfectiag the Property (a) that is la violation of any Environmental Law. (b) which creates an Environmental Coadltlon, or {e) wh!ch, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the pre~enee, use, or storalge on the Property. of snmll quantiti~ of Hazardous Substances that are generally recognized to be apOropriate to uormal residential uses mid to maintenance of the Property (including. but not limited to, h~rdous substances in consumer products). Borrower shall promptly give Lender wrld:en notice of (a) an)' investigation, claim,' demand, lawsuit or oilier action by any govenm~ental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any EnvLronmental Condition, hlcluding but not limited to. any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition cat~sed by the presence, use or release of a Hazardous Substance which adversely affects the value Of the broperty. If Borrower learns, or Is notified by any governl~ntal or regulatory authority, or any private party, that any removal or other remediation of any H~.ardou$ Substance affecting th~ Property is necessary,;; Borrower shall promptly take all ncc~sa_ry remedial actions in accordance with Environrtlrntal Law. Notiiing herein shall create any obligation on Lender tbr an Environmental Cleanup. 6(WY} (ooo6} ~'<~ ~2 o{ ~s Form 30Sl 1/01 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and.agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to a~celeratlon following Borrower's breach of any covenant or agreement In {his Security Instrument (but not prior to acceleration under Section 18 uuleza Applicable Law provides otherwise). The notice shall specify: (a) thc default; (h) the action required to cure the default; (c) a {late, not lc.ss than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure lo cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security In.~trumen{ and sale of the Property. The notice shall further inform Borrower o1' 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. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all s,m~ secured by thLs 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 per~n in possession of the Property, If 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 xnanncr prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally ealfltled to it. 23. Relea.~e. Upon paymcnt of all sums secured by this Security Instrument, Leader ah'all release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrulnent, but only if the fee is paid to a third party for services r¢ndei'ed and tho ch,xrging of thc fee is pcnrtitted under Applicable Law, 24, Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. i~. Inll ,~ 8[Wy) IOOO~1 P.~. ~a o~ ~. Farm 3051 1/01 ~l '4 9Cl)~Pn~)l~ 'Nkl 7H4 qHqlX4Fil,l ~II.INLI nquHJ e'~']aH iii ne,Tn ~n~ ~,nn~ on nnt~ BY SIGNING BELOW, Borrower acc Security Imtrumcnt and in any Rider ~cute Witnc'ss~: (S -Born (& -Borrc -BOITO {~(WY) taoo~i! ,,pts and agn:m to the tenns and covenants contained irt this by Borrower ~nd recorded with it.' (~~~~'~~~, (Seal)  0. ITA/U~ 13 -~8orrowcr A. (]AYLE ~RIS -Bor[owcr d) (seal) ~cr -Borrowcr al) (Seal) Vet -~orrow~r d) (Seal) Form 3051 1/01 NE 'ri F.q/RgNR//R 'Nkl ~i~4 h~l:ql~INf.l 5ILINH Nq~qFl~l q'l'Ul~4 IIJ l¢,?n .'anl t, nnP_cn_nnu STATE OF WYO1VIING, t~COU~ The foregoing instrument wae aeknowl~ by 0'Olu~ G. mkR.V.~ A.N'D ~. My Commission Expires: R$ON ;_.N. OTARY v'uu OOUN'r¥O, ~Ne i ' PIRl~$ JO~l{~ 20 20C7~j LINCOLN ~ WYOMI [?, ',-t lged before me this County ss: Not~/~bliu 1101 BJ-JBI~}NIJ ]I.IN{-I Nq'dtlJ q']'151~{ IIJ T¢,~N hNNT_C'N _ hNH LEGAL DESCRIPTION That part of GLO Lot 4 of Section 6, T30N Rll8W of the 6th P.M., Lincoln County, Wyoming, being part of that tract of record in .the Office of the Clerk of Lincoln County in Book 289PR on page 348, described as follows: Beginning at a spike on the west line of said GLO Lot 4, S 00042'33'' E, 477.37 feet from, the northwest corner of said GLO Lot 4, found as described in the Corner Record filed in said Office; thence continuing S 00042'33'' E, 477.37 feet, along said west line, to a point; thence N 89009'06'. E, 365.00 feet, along a line parallel with the north line of said GLO Lot 4, to a point; thence N 00042'33'' W, 477.37 feet, along a line parallel with the said west line, to a point; thence S 89009'06.. W, 365.00 feet, along a line parallel with said north line, to the spike of beginning. FIXED/ADJU: (One. Year THIS FIXED/ADJUSTABLE RATE and is incorporated into and shall be deemet Security Deed (the "Security lnatramcnt") secure Borrower's Fixed/Adjustable Rate NO~ (' Lender") of the same date slid covering th< 1450 RJIEVliS-$CHWAB eR 149, aNOO~ THE NOTE PROVIDES FoR A RATE TO AN ADJUSTABLE AMOUNT BORROWER'S ADJU ANY ONE TIME AND THE MAXiI ;TABLE RATE RIDER 're~ury Index - Rate Caps) 3BR is made thi~ 3RD day of AUGU.q?, 2004 to anmnd and supplement the Mortgage, Deed of Trust, or the same date ~iven by the undersign~ ("Borrower") to (the "Note") to property de~eribM in the Security Instrument and lacatod a~: !, WY 83126 ! iProperty Addre,$] ;HANGE IN BOhROWER'S FIXED INTEREST NTEREST RATE. THE NOTE LIMITS THE ~TABLE INTERE~;T RATE CAN CHANGE AT ~IUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS, In add Lion to the coven~nlS and agreements made in the Security Instrument, Borrower and Lcmder further covl~ant and agree as llollows: A, ADJUSTABLE RATE AND MONTHLYIPAYMENT CEL~NGES The Note provide~/'ar an initi,'d fixed hat~trest rate of provide, for a change in the initial fixed rate 4, ADJUSTABLE INTEREST RATE AND (A) Change Dates The kLitial fixed inter~t rate I will pay w 8llPTEMBIIR, 2011 day every 12th month thereafter. Thc date on interest rate, and each date on which my adjusl %. The Note also a~ adjustable int~est rate, as follows: MONTHLY PAY~IlgNT CHANGES 11 change lo an ad. iustable interest rate on the first day of md the adjustable interest rate I will pay may change on that ~,hich my initial t~txed interest rate changes to an adjustable tblc interest rate c~uld change, is called a "Change Date." 0045339983 MULTISTATE FIXED/ADJUSTABLE RATE RIDER - O[NE-YEAR TREASURy INDEX. Slnola gami}¥ - Fannie Mae Unlflarm Instrument ~1~84,3R (0006} Form 3 1/ VMP MOil'GAGE FORM~ 18 7 I FIq~H4 q"l'ISl~ II.l lO,pS ;anl t, nnT_cn_nnu 01) The Index Beginning with the first Chauge Date, "Index" is the w.~kly average yield on Unlt~ one year, as made available by the Federal R date 45 days before each Change Date is eall~ If the Index is no longer available, th comparable information. The Note Holder w (C) Calculation of Change.q Before each Change Date, the Not~ ( a.75o %) to the Currca addition to the nearest one. eighth of one pen 4(D) below, this rounded amount will be my Thc Note Holder will then determine th repay the unpaid principal that I am expected n~w interest rate in substantially equal paym, my monthly payment. (1)) Limits on Interest Rate Changes The interest rate I am required to 10. 000 % or less than 2. rate will never be increased or decreased on from the rate of interest I have been paying greater than xo. o00 (E) Efreeflve Dar,, of My new interest rate will become effect monthly payment beginning on the llrst men my monthly payment changes again. (F) Notice of Cha~lleS The Note Holder will deliver or mail to ,'tn adjustable interest rate and of any changes: change. The notice will includ6 the amount of given to me and also the title and telephone n regarding the notice. B, TRAN8I~R OF THE PROPERTY OR, 1. Until Borrower's initial l']xed intern stated in Section A above. Uniform Covenant (~843R (0006) my adjustable interest rate will be based on an Index. The d States Trea.qury ~ceurities adjusted to a constant maturity ~serve Board. The most recent Index figure available as of the d the "Cutrextt Index.' Note Holder will choose a new index that is based upon gtve me nofic'c of this choice. Holder will calculate my new interest rate by adding percentage points Index. The 'Note Holder will then round thc result of this entage point (0.125 %). Subject to the limits stated in Section ~ew interest rate until thc next Change Date. mount of fl~e monflfly payment that would be sufficient to to owe ~t the {:hange Date in full on the Maturity Date at my ars. The re~h of tiffs calculation will be thc new amount of [}ay at the first Cha~ge Date will not be greater than '.5o %. Thereafter, my adjustable interest my single Change Date by more than two percentage point~ for the preceding 12 months. My interest rate will never be ive on each Change Date. I will pay the amount of my new hly payment date after the Change Date until the amount of me a notice of any changes in my ,initial fixed intereat rate to in my adjustable interest rate before the effective date of any my monthly p;~yment, ~my infbrmation required by law to be ,nber of a person who will answer any question I may have BENEHCIAL INTEREST IN BORROWER ram ehange~ to an adjustable interest rate under the terms 8 of the Security Instrument shall read as follows: In~la Paoa 2 o~ 4 Form 3182 1t01 Transfer of the Property or a B 18, "Interest in the Property" means an but not liraited to, those b~cficial int~ installment sale~ contract or escrow ag Borrower at a future date to a purchilser, If all or any part of the Property Bormwc-r iS not a natural ,person and without L~nder's prior written consent minas secured by flits S~:urity lnstrumer. if such ex~r~lse Is prohibitc~ by Applies If Lender exercise~ this option, I notice shall provide a period of not accordance with Sc, etlon 15 within whlc Instrument. If Borrower f,'dls to pay th~ may hlvok~ may remedi~ permitted by on Borrower. 2. When Borrower's initial truied intere sated in Section A above, Uniform Covenalll shall then cea.se to be in ertl:ct, and th,- pmvii b~ amended to read as follows: Transfer of thc Property or a Bi - 18, 'Int,'mst in the Property" means aa' but not limited to, those beneficial inte' installment sale~ contract or ~erow Borrower at a future date to a purchaser. If all or any part of the Property Borrower iS not il natural person and a without Lender's prior written consent, ~a,ms seem'ed by this Security Instrulllenl if such exercise is prohibited by Apglici (a) Borrower causes to be submittedto intended transferee as if a new loan r~sonably d~tetmin~ that Lender's sec that the risk of a breach of any covenant Lender. To the extent permitted by Applk condition to Lender's consent to the loa~ If Lender exercises the option to Borrower notice of acceleration. The noti the date the notice is given la accordanc, (~a4an {ooool £.q! ~£N~/] ~ 'Nlq nelicial Inten in Borrower. As used in this Section y legid or bent. ficial interest in the Property, including, r~ts traaaferrdrl in a bond for deed, chntract for deed, :¢maent, the ifi~cnt of which is the tramfur of title hy 'any Interest i~. the Property is sold or translated (or if beneficial tnti~rest in Borrower B sold or transferred) Lender may ' .... :equire ~mmcd~at¢ payment m full of all . However, th s option shall not be exemised by Lender }le Law. ;. ~nder shall gt ~e Borrower notice of acceleration. sa Wan 30 da ~s from the date the notice is given in a Borrower m~st pay all sums s~cured by this Security ae sums prior[to the expiratiori of this period, Lender is Security Instrumem wtthout farther notice or demand it rale challlle~: to ,'tn adjustable intreat rate under the terms 18 of the Sec~.rity Instrument described in S~ction BI above ans ot: U~forrh CO¥¢llarlt 18 of the Security Instrtirnent ~hall leflcia] Iuiere~'t in Borrower, As used in this Section legal or benelici'al interest in the Property, including, ~ts tr,'msferred in a bond for deed, contract for deed, ~ement, the hi'tent of which ia the transfer of title by any !ntere~t in.the Property is sold or transferred (or if bcme~eial int~est in [Sorrower is acid or transferred) Lender may .r.[quire Lrranediale payment hi fltll of all HOwever, thl! option shall not be exercised by Lender hie Law. Lender also shall not exercise this notion it': .ender informs[rich required by Lender to evaluate thc ¥ere being mhde to the transferee; and (b) Lender rity wjl! not` ~e. impaired by. the loan assumption and r agreement Iii. tiffs ~ecurity ln, tmment is acceptable to ~ble Law, Le~der may charge a reazonablc fc~ ~ a a~sumptlon. I4ender alan may require the transtL.'ree to eptable to Lefider and that obligates the transfr2ree to tirade in thc Note and in this Security ln~tmaent. i under thc Nl:te and this Security Instrument unlms equire immed~te payment in thll, Lender shall give ce shall provid~ a period of not l~s than 30 days f-mm with Section ]15 within which Borrower must pay all Page 3 o! 4 Form 3182 1/01 .qHflINNIJ ;tL1NN cIriMHd q"I'I'~H l. IJ IC~TN ~INI hnnp._cn_nnu 1 sums secured by thta Security Instnm expiration of this pertod. Lender may in without further notice or demand on .BY SIGNING BELOW, Borrower acer Fixed/Adjustable Rate Rider. (~843R IO00O} nt, It: Borrower fails to pay these sums prior to the ~oke any remedies penlxittcd by this Security Instrument rowcl'. {Seal) -l~Oi rower (~eal) -I~or 'owcr ;eal) -Bo ower :eai) awcr Pago 4 of 4 and agreea to the terms and cov~mants contained in this al) · OA~r~ I{.~T~ -BorruWer (Seal) .Borrower (Seal) -Borrower (Seal) -Borrower Form 3182 1/01 9~ 'd £919£0~LL~ 'ON XUJ 9Y9£~0~ ~OH 09~J S13~H ~ [£:xN ~fl.l. pnn2~£n-nnu ~ 004~339983 '1 MANUF.Z CTURED HOME RIDER TO THE MORTGAGEfDEED OF TRUST/SECURITY DEED This Rider is mede this AO(~O~T 0.3, 2[ and supplements the Mortgage/Deed of '] same date, given by the undersigned (th~ W~LLS FAR(~O BANK, N.A. (the the Property described in the Security In.~ 1450 R~.EVES-SCHWAB CR 14~, SMO0~ Borrower and Lender agree that the Sero as follows: A. The Property covered by the Sec~ Security Instrument) includes, bu Number, if required, Security instrument. B. Additional Covenants of Borrowe~ 1. Borrower will comply wit[ affixation of the Manufac! ~nstrument Including, but required) end obtaining th. documchtation necessary under state and local Jaw 2. The Manufacturcd Home purposes, permanently afl Security Instrument. 3. Affixing the Manufacture¢ Instrument does not viola~ applicable to manufacture NMFL #33ZZ 03/01 04 , en.d is incorporated Into and amends Yust/SecuHty Deed {the "Security Instrument") of the "Borrower") to secure Borrower's Note to "Lender") of the same date (the "Note") and coverincJ trument and located et: , ~Z' 83126 ?op~rt¥ Addre.~$J 'i'ty Instrument is amended and supplemented to read rity Instrument (referred to as "Property" in the is not limited to, [he Manufactured Home (Serial ) affixed to the property legally described in the all state and local laws and regulations regarding the ured Home 'tO the property described in the Security ~ot limited to, surrendering the Certificate of Title (if reqOJsite governmental approval and accompanying to classify the Manufactured Home as real property ascribed above will be, at apl times and for all xed to and part of the property described in the Home to the property described in the Security any zoning laws or other local requirements homes. Pegs 1 of 2 §~ 'cJ £§/.fl£Ofl)lfi 'NH ~U4 ,qH.q[~INLI qLINH N~IH4 q"l"lqH i.l.I 1¢~7n ~nl hnnT_cn_nnu By signing below, Borrower eccepts and agrees in this Manufactured Home Rider. to the terms and covenants contained STATB O; .. -~orrowcr . O~ Jg~,~JJ S -Borruw~r -Borrower -~ortower Iss, COUNTY OF LINCOhN I. the undersigned Notary Public, in and i'or the afore.~si, that JO~l~ ~. ~J~E~IS AN]] A. ~AYL~ HARRIS Borrower(s). personally appeared before me in said Cou instrument to be their act and deed. Given under my ha AUG~JS T , 2004 My commission expires: NMFL #3322 03101 (S~) -]~orrowcr (Seal) -BOl-l~w~r State and County, do hereby certify ty and acknowledged the within qd and seal this 3~ day of Notary Public Page I of 2 ,. L~ 'd £9LB£OBLL8 'ON XU~ OU91~O~ ~uoH O9~U~ S]q~H Ua [£:ZO qm. ~nn~.-~n-.qnu ~