HomeMy WebLinkAbout913567
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Prepared by and When Recorded Return To:
First National Bank - West
PO Box 1620
Afton, WY 83110
RECEIVED 11/9/2005 at 12:03 PM
RECEIVING # 913567
BOOK: 604 PAGE: 251
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
mn--------nm--_______m_nnm_m__[Space Above This Line For Recording Data]------------------------------n---------______
LOAN NO. 13226056423
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Section 3,
11, 13, 18,20, and 21. Certain rules regarding the usage of words used in this document are also provided in
Section 16.
(A) "Security Instrument" means this document, which is dated NOVf'.MBER 8, 2005
all Riders to this document.
, together with
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(B) "Borrower" is JEFFREY M PERKINS, a single man
BOlTower is the mortgagor under this Security Instrument.
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(C) "Lender" is FIRST NATIONAL BANK-WEST.
Lender is a NATIONAL BANKING ASSOCIATION, organized and existing under the laws of THE
UNITED STATES OF AMERICA.
Lender's address is 314 S Washington/PO Box 1620, Afton, WY 83110.
Lender is the mOligagee under this Security Instrument.
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(D) "Note" means the promissory note signed by BOlTower and dated NOVEMBER 8, 2005
The Note states that Borrower owes Lender EIGHTY TIiTO THOUSAND & 00/100
Dollars (U.S. $ 82,000.00 ) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than DECEMBER 1, 2035
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due
under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by BOlTower. The following
Riders are to be executed by BOlTower [check box as applicable]:
_ Adjustable Rate Rider
Condominium Rider
_ Planned Unit Development Rider
_1-4 Family Rider
Second Home Rider
_Biweekly Payment Rider
Balloon Rider
--x-Other(s) [specify] TAX
EXEMPT RIDER
Initial ()Ì',p
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Form 3051 (01/01)
WYOMING -Single Family - Fannie Mac/Freddie ¡\tac lINIFORj'llNSTRII!\IENT
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(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative mles and orders (that have the effect of law) as well as all applicable final, non-appeaJable judicial opinions.
(I) "Community Association Dues, Fees and Assessments" means all dues, fees, assessments and other charges that are
imposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or
similar paper instmment, which is initiated through an electronic terminal, telephonic instmment, computer, or magnetic
tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term Includes, but is not
limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfer, and
automated clearinghouse tTansfers.
(K) "Escrow Items" means those items 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 coverage described in Section 5) for: (i) damage to, or destruction of,
the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation;
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.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii)
any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.c. §260l et seq.) and its implementing
regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor
legislation or regulation that govems the same subject matter. As used in this Security Instrument, "RESP A" refers to all
requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not
qualify as a "federally related mortgage loan" under RESP A.
(P) "Successor in Interest of Borrow" means any party that has taken title to the Property, whether or not that party has
assumed BOlTower's obligations under the Note and! or this Security Instnllnent.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications
of the Note; and (ii) the performance of BOlT ower's covenants and agreements under this Sécllrity Instrument and the Note.
For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with
power of sale, the following described property located in the
[Type of Recording Jurisdiction] TOWN OF KEMMERER
of [Name of Recording Jurisdiction] LINCOLN COUNTY
Lot 1 of Block 3 of the Lincoln Heights 3rd Subdivision to the Town of Kemmerer,
Lincoln County, Wyoming as described on the official plat thereof.
which cUlTently has the address of [Street]
[City] KEMMERER
1324 4th West Avenue
,Wyoming [Zip Code] 83101
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by
this Security Instrument. All of the foregoing is referred to in this Secl1l'ity Insh-ument as the "Property."
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WYOMING - Single family ~ Fannie Mac/Freddie Mac UNIFOHM I'ISTRUi\IENT
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Form 3051 (01101)
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BORROWER COVENANTS that Borrower is ]awfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unifonn covenants with
limited variations by jurisdiction to constitute a uniform security il1stmment covering rea] property.
UNIFORM COVENANTS. BOITower and Lender covenant and agree as [')lIows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall
pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges
due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note
and this Security Instrument shall be made in U.S. currency. However, if any check or other instmment received by Lender
as payment under the Note or this Security Instrument is retumed to Lender unpaid, Lender may require that any or all
subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or
entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may retum any
payment or partial payment if the payment or pm1ia] payments are insufficient to bring the Loan cunent. Lender may
accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or
prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such
payments at the time such payment s are accepted. If each Periodic Payment is applied as of its scheduled due date, then
Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Bon-ower makes payment to
bring the Loan cunent. If BOlTower does not do so within a reasonable period of time, Lender shall either apply such funds
or rehlm them to BOlTower. ]f not applied earlier, such funds will be applied to the outstanding principal balance under the
Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender
shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants
and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this section 2, all payments accepted
and applied by Lender shall be applied in the following order of priority; (a) interest due under the Note; (b) principal due
under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in
which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under
this Security Instrument, and then to reduce the principal balance of the Note.
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 paynJent and the late charge. If more than
one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the
Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the
payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges
due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall
not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note
until the Note is paid in full, a sum (the "Funds") to provide for payment of amount due for: (a) taxes and assessments and
other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold
payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section
5; and (d) Mortgage Insurance premiums, ifany, or any sums payable by Borrower to Lender in ]jeu of the payment of
ìvfortgage Insurance premiums in accordance with the provisions of Section 10. These items are cal1ed "Escrow Items." At
origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by BOlTower, and such dues, fees and assessments shall be an Escrow Item. Borrower
shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds
for Escrow Items unless Lender waives BOlTower's obligation to pay Funds for any or all Escrow Items. Lender may waive
BOlTower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in
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WYOMING - Singk Fami1y- Fannie 1\lae/Freddie l\lac UNIFORM INSTHU¡\IENT
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writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any
Escrow Items for which payment of Funds has been waive:d by Le:nde:r and, if Lenckr require:s, shall furnish to Le:nder
rece:ipts evidencing such payments within such time period as Lender may œquire. BOITower's obJigation to make such
payments and to provide rece:ipts shall for all purposes be: de:eme:d to be a covenant and agreeme:nt contained in the Security
Instrument, as the phrase: "cove:nant and agœe:ment" is used in Section 9. If BOITower is obJigated to pay Escrow Items
directly, pursuant to a waiver, and BOITower fails to pay the: amount due for an Escrow Ite:m, Le:nder may exe:rcise: its rights
unde:r Section 9 and pay such amount and Borrowc:r shall then be: obligated under Section 9 to repay to Le:nder any such
amount. Lende:r may revoke: the: waiwr as to any or all Escrow Ite:rns at any time by a notice give:n in accordance: with
Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 3.
Lende:r may, at any time:, collect and ho]d Funds in an amount (a) sufficient to penl1it Le:nder to apply the Funds at
the time specified unde:r RESP A, and (b) not to exceed the maximum amount a lender can require under I~ESP A. Lender
shall estimate the amount of Funds due on the basis of CUlTent data and reasonable estimates of expenditures of fut11l'e
Escrow Items or otherwise in accordance with App]icab]e Law.
The Funds shall be he:]d in an institution whose de:posits are Ülsured by a federal agency, instrumentality, or entity
(inc]uding Lender, if Lender is an institution whose deposits are so insured) or in any Fed.:ral Home Loan Bank. Lender
shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge
BOITower for holding and applying the Funds, annually analyzing the escrow account, or verifying the: Escrow Items, unless
Lender pays Borrower inteœst on the Funds and Applicab]e Law permits Lender to make such a chargè. Unless and
agreement is made in writing or App]icab]e Law requires interest to he paid on the Funds, Lender shall not be required to
pay BOITower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall
be paid on the Funds. Lender shall give to BOITower, without charge, an annual accounting of the Funds as required by
RESP A.
Ifthere is a surplus of Funds held in escrow, as detined under RESP A, Lender shall account to Borrower for the
excess funds in accordance with RESP A. If there as a shortage of Funds held in escrow, as defined under RESP A, Lender
shall notify Borrower as required by RESP A, and BOITower shall pay to Le:nckr the amount necessary to make up the
shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency ofrunds held in
escrow, as detìned under RESP A, Lender shall notify Borrower as required by RESP A, and BOITower shall pay to Lender
the amount necessary to make up the deficiency in accordance with RESP A, but in no more than 12 monthly payments.
Upon payments in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender.
4. Charges; Liens. BOITower shall pay all taxes, assessments, charges, fines, and impositions attributab]e to the
Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any,
and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items,
Borrower shall pay them in the manner provided in Section 3.
Bonower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as
BOlTower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in,
legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are
pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory
to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to
a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Within 10 days of the date on which that notice is given, Bouower shall satisfy the lien or tqke one or more of the actions
set fOlih above in Section 4.
Lender may require BOlTower to pay a one-time charge for a rea] estate tax verification and/or reporting service
used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not
limited to, em1hquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts
(including deductible ]e:veJs) and for the periods that the Lender requires. What Lender requires pursuant to the preceding
sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by
BOlTower subject to Lender's right to disapprove BOlTower's choice, which right shall not be exercised unreasonably.
Lender may require Borrower to pay, in cOllilection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification
services and subsequent charges each time remappings or similar changes occur which reasonably might affect such
WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM ISTRIIi\IF:NT
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detem1ination or certification. Borrower sha]] also be responsible for the payment of any fees imposed by the Federal
Emergency Management Agency in connection with the review of any t100d zone determination resulting fi'om an
objection by Borrower.
If BOlTower fàils to maintain any of the coverages described above, Lender may obtain insurance coverage, at
Lender's option and Borrower's expense. Lender is under no obligation to purchase any paI1iclllar type or amount of
coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, BOlTower's equity in the
Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage
than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might
significantly exceed the cost of insurance that BOlTower cou]d have obtained. Any amounts disbursed by Lender under this
Section 5 shall become additional debt of BOlTower secured by this Security Instmment. These amounts shall bear interest
at the Note rate from the date of disbursement and sha]] be payable, with such interest, upon notice from Lender to
Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shal] be subject to Lender's right to
disapprove such policies, shall include a standard m0l1gage clause, and sha]] name Lender as mortgagee and/or as an
additional loss payee. Lender sha]] have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptly give Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of
insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall
include a standard mortgage clause and sha]] name Lender as mortgagee and/or as an additional loss payee.
In the event ofloss, Borrower shall give prompt notice to the insurance carrier and 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 restoration or repair of the
Property, if the restoration or repair is economically feasible and l.ender'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, provided that sllch inspection shall be
undel1aken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. Unless an agreement is made in writing or Applicable La w requires interest
to be paid on such insurance proceeds, Lender shall not be required to pay BOlTower any interest or earnings on such
proceeds. Fees for public adjusters, or third pal1ies, retained by Borrower shall not be paid out of the insurance proceeds
and shall be the sole obligation of BOlTower. If the restoration or repair is not economically feasible or Lender's security
would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not
then due, with the excess, if any, paid to BOlTower. Such insurance proceeds shall h;: applied in the order provided for in
Section 2.
If BOlTower abandons the Propelty, Lender may file, negotiate and settle any available insurance claim and related
matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle
a claim, then Lender may negotiate and settle the claim. The 3D-day period wi]] begin when the notice is given. In either
event, or if Lender acquires the Property under Section 22 or otherwise, BOlTower hereby assigns to Lender (a) Borrower's
rights to any insurance proceeds in an amount not to exceed the amounts unpaid lmder the Note or this Security Instrument,
and (b) any other of BOlT ower's rights (other than the right to any refund of unearned premiums paid by BOlTower) under
all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this
Security Instmment, whether or not then due.
6. Occupancy. BOlTower shall occupy, establish, and use the Property as Borrower's principal residence within
60 days after the execution of this Security Instrument and shall continue to occupy the Property as Bonower's principal
residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall
not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Bon'ower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not
BOlTower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from
deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or
restoration is not economically feasible, BOlTower shall promptly repair the PropeJ1y if damaged to avoid further
deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of,
the Property, Bonower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for
such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the
Property, Borrower is not relieved of BOlTower's obligation of such repair or restoration.
WYOi\IING-Single FamiJy-Fannie Mae/Freddie i\1:1C Ui'.'IFORMINSTRlIi\IENT
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Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Lender may inspect the interior of the improvements on the Propeliy. Lender shall give Borrower notice at the time of or
prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower
or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially
false, misleading, or inaccurate information or statements to Lender (or Üliled to provide Lender with material information)
in connection with the Loan. Material representations include, but are not limited to, representations concerning
Borrower's occupancy of the Property as Bonower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If(a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument
(such as a proceeding in bankmptcy, probate, for condemnation or fortèiture, for enforcement of a lien which may attain
priority over this Security Instrument or to enforce laws or reguJations), or (c) Borrower has abandoned the Property, then
Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights
under this Security Instrument, including protecting andlor assessing the value of the Property, and securing and/or
repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in COllIi; and (c) paying reasonable attorneys' fees to protect its
interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy
proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks,
replace or board up doors and windows, drain water from pipes, eJiminate building or other code violations or dangerous
conditions, and have utilities turned on or off. Although Lender may take action under Section 9, Lender does not have to
do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
Any amounts disbursed by Lender uncler this Section 9 shall become additional debt of Borrower secured by this
Security Instmment. These amounts shall bear interest at the Note rate fì'om the date disbursement and shall be payable,
with such interest, upon notice from Lender to BOITower requesting payment.
If this Security Instrument is on a leasehold, Bon'ower shall comply with all provisions of the lease. If Borrower
acquires tèe title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in
writing.
10. Mortgage Insurance. If Lender required MOligage Insurance as a condition of making the Loan, Borrower
shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance
coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and
Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower
shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in eftèct,
at a cost substantially equivalent to the cost to Bon-ower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not avai]able, Borrower
shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance
coverage ceased to be in effect. Lender will accept, use and retain these 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 uJtimately paid
in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no
longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender
requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately
designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition
of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage
Insurance, BOITower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-
refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any writ1en agreement
between Gonower and Lender providing for such termination or until termination is required by Applicable Law. Nothing
in this Section] 0 affects Borrower's obligation to pay interest at the rate provided in the Note,
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if
Borrower does not repay the' Loan as agreed. BOITower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and
conditions that are satisfactory to the mortgage insurer and the other paI1y (or parties) to these agreements. These
agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may
have available (which may include funds obtained from Mortgage Insurance premiums).
WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFOR!\IINSTIW!\IENT
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As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any
affiliate or any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as)
a portion of BOlT ower's payments for Mortgage Insurance, in t:xchange for sharing or modifying tht: mortgage insurer's
risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in
exchange for a share of the premiums paid to the insurer, the anangement is often termed "captive reinsurance." Fm1her:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for
Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage
Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may indude the right to
receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage
Insurance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums that were
unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All MiscelJaneous Proceeds are hereby assigned to and
shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if
the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration
period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opporhmity to inspect such
Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shalJ be undertaken
promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the
work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such MiscelJaneous
Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to BOlTower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
In the event ofa pm1ial taking, destruction, or Joss in value of the Property in which the fair market value of the
Propeliy immediately before the pal1ial taking, destruction, or Joss in value is equal to or greater than the amount of the
sums secured by this Security Instrument immediately before the partial taking, destruction, or Joss in value, unless
Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured
immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Bonower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured
immediately before the partial taking, destmction, or loss in value, unless Borrower and Lender otherwise agree in writing,
the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are
then due.
If the Property is abandoned by Bonower, or if, after notice by Lender to BOlTower that the Opposing Party (as
defined in the next sentence) offers to make an a ward to settle a claim for damages, BOlTower fails to respond to Lender
within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either
to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due.
"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower
has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or
rights under this Security Instrument. Borrower can cure sllch a default and, if acceleration has occurred, reinstate as
provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgement,
precludes forfeiture of the Property or other material impaiment of Lender's interest in the Property or rights under this
Security Instrument. The proceeds of any award or claim for damages that are attTihutable to the impairment of Lender's
interest in the Property are hereby assigned and shall be paid to Lender.
AI1 Miscellaneous Proceeds that are not applied to restoration or repair of the Property shal1 be applied in the order
provided tè)r in Section 2.
WYOMING-Single Family-Fannie Mac/Freddie Mac lINfFORM INSTRUMENT
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12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any
Successor in Interest of BOlTower shall not operate to release the liability of Borrower or any Successors in Interest of
Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of BOlTower or to
refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security InstTllment by
reason of any demand made by the original BOlTower or any Successors in Interest of Borrower. Any forbearance by
Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third
persons, entities or Successors in Interest of BOITower or in amounts less than the amount then due, shall not be waiver of
or preclude the exercise of any right or remedy.
13. Joint and Several Liability; CD-signers; Successors and Assigns Bound. BOITower covenants and agrees
that Borrower's obligations and liability shall be joint and several. However, any BOITower who co-signs this Security
Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant
and convey the co-signer's interest in the Property under the terms of this Security InstTllment; (b) is not personally
obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree
to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note
without the co-signer's consent.
Subject to provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations
under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benetits
under this Security Instrument. Borrower shall not be released from Borrower's obligation and liability under this Security
Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall
bind (except as provided in Section 20) and benefìt the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for serviCês performed in connection with Borrower's
detàult, for the Pl\Jl10se of protecting Lender's interest in the Property and rights under this Security Instrument, incJuding,
but not limited to, attomeys' fees, property inspection and valuation fees. In regard to any other fees, the absence of
express authority in this Security Insh'ument to charge a specific fee to Borrower shaH not be construed as a prohibition on
the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by
Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with the Loan exceed the pennitted limits, then; (a)
any such loan charge shaH be reduCêd by the amount necessary to reduce the charge to the permitted limit; and (b) any
slims already collected ÍÌ'om BOlTower 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 wiJl be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Bonower's acceptance of any such refund may by direct payment to
Borrower will constitute a waiver of any right of action Bonower nÜght have arising out of such overcharge.
15. Notices. AH notices given by Borrower or Lender in connection with this Security Instrument must be in
writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to
Borrower when mailed by fìrst crass mail or when actuaJly delivered to Borrower's notice address if sent by other mcans.
Notice to anyone Bon-ower shaH constitute notice to aJl BOlTowers unless Applicable Law express]y requires otherwise.
The notice address shall be the Property Address unless Bon-ower has designated a substihlte notice address by notice to
Lender. Bon-ower shaH promptly notify Lender of Borrower's change of address. If Lender specifies a procec1Llfe for
reporting BOlTower's change of address, then Borrower shaJl only report a change of address through that speci1ied
procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to
Lender shall be given by delivering it or by mailing it by tirst class mail to Lender's address stated herein unless Lender has
designated another address by notice to BOlTower. Any notice in connection with this Security Instrument shall not be
deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument
is also required under Applicable Law, the Applicable La w requirement wi] satisfy the correspoJlding requirement under
this Security Insh1.lInent.
16. Governing Law; Severability; Rules of ConstrucHon. This Security Instrument shall be govemed by
federal law and the law of the jurisdiction in which the Property is located. AJI rights and obligations contained in this
Security InstTUment are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or
implicitly aHow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition
against agreement by contract. In the event that any provision or clause of this Security Instl1lment or the Note cont1icts
with App]icab]e Law, such conflict shaJl not affect other provisioJls of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include co{(espo)ding
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WYO!\lING-Single Family-Fannie Mac/Freddie J\lac UNIFORM L\'STRlJJ\lENT
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neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa;
and (c) the word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficia] Interest in Borrower. As used in this Section 18, "Interest in the
Property" means any legal or beneficia] interest in the Property, including, but not limited to, those beneficia] interests
transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the
transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a nah¡ra]
person and a beneficia] interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may
require immediate payment in fùll of all sums secured by this Security Instrument. However, this option shall not be
exercised by Lender if such exercise is prohibited by App]icab]e Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must
pay all sums secured by this Security Instrument. IfBOlTower fails to pay these sums prior to the expiration of this period,
Lender may invoke any remedies pelmitted by this Security Instrument without further notice or demand on BOlTower.
19. Borrower's Right to Reinstate After Acceleration. If BOlTower meets certain conditions, Borrower shall
have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days
before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as
Applicab]e Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this
Security Instrument. Those conditions are that BOlTower: (a) pays Lender all sums which then would be due under this
Security Instrument and the Note as ifno acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable
attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's
interest in the Prope¡iy and rights under this Security Instnllnent; and (d) takes such action as Lender may reasonably
require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation
to pay the sums secured by this Security Instrument, shall continue unchanged, Lender may require that BOlTower pay such
reinstatement SUlns and expenses in one or more of the following fonns, as selected by Lender: (a) cash; (b) money order;
(c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution
whose deposits are insured by a federal agency, instrumentality or entity; or (d) E]ectronic Funds Transfer. Upon
reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no
acceleration had occuned. However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note
(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale m.ight
result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this
Security Instrument and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and
App]icab]e Law. There also might be one or more changes of the Loan ServiceI' unrelated to a sale of the Note. If there is a
change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of
the new Loan Servicer, the address to which payments should be made and any other information RESP A requires in
connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan ServiceI'
other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan
Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise
provided by the Note purchase.
Neither Borrower nor Lender may commence, join, or be joined to any judicia] action (as either an individual
litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that
alleges that the other party has breached any provision of, or any duty owed by reason ot: this Security Instrument, until
such Bonower or Lender has notified the other party (with such notice given in compliance with the requirements of
Section 15) of such alleged breach and afforded the other pmiy hereto a reasonable period after the giving of such notice to
take corrective action, If App]icab]e Law provides a time period which must elapse before certain action can be taken, that
time period will be deemed to be reasonable for purposes of this paragraph. The notice of acce]era tion and opportunity to
cure given to Borrower pursuant to Section 22 and the notice of acceleration given to BOlTower pursuant to Section 18 shall
be deemed to satisfy the notice and opporhmity to take cOlTective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substance" are those substances defined
as toxic or hazardous substances, pollutants, or wastes by Environmenta] l.aw and the following substances: gasoline,
kerosene, other flanmlab]e or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials; (b) "Environmenta] Law" means federal laws and laws of
WYOMING-Single Family-Fannie Mac/Freddie Mac UNIFORM INSTRUMENT
Page 9 of 11
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the jurisdiction where the Property is located that relate to health, safety or environmental protection; (C) "Environmental
Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger and Environmental
Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or
threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
anything atTecting the Property (a) that is in violation of any Environmental Law, (b) which creates and Environmental
Condition, or (c) which, due to the presence, lise, or release ofa Hazardous Substance, creates a condition that adversely
affects the value of the PropeJ1y. The preceding two sentences shall not apply to the presence, use, or storage on the
Property of small quantities of Hazardous Substances that are general1y recognized to be appropriate to normal residential
uses and to maintenance of the Property (including, but not limited to, hazardous substances in customer products).
Bon-ower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other
action by any govemment or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited
to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by
the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower
learns, or is notified by any govemmental or regulatory authority, or any private party, that any removal or other
remediation of any Hazardous Substance affecting the Property in necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an
Environmental Cleanup.
NON-UNIFORM COVENANTS. BOITower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instmment (but not prior to acceleration under Section 18 unless
Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c)
a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that
fàilure to cure the default on or before the date speciíìed in the notice may result in acceleration of the sums secured by this
Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after
acceleration and the right to bling a court action to assel1 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 sums secured by this Security Instrument without further demand and may invoke
the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and
costs of title evidence.
If Lender invokes the power of sale, Lender sha1l give notice of intent to foreclose to Borrower and to the person
in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to
Borrower in the manner provided in Section 15. Lender shall publish the notice of the sale, and the Propel1y shall be sold
in the manner 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 fo1lowing order: (a) to all expenses of the sale, including, but not limited to, reasonable
attomeys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally
entitled to it.
23. Release. Upon payment of a1l sums secured by this Security Instrument, Lencler shall release this Security
Instrument. Borrower sha1l pay any recordation costs. Lender may charge Borrower a fee for releasing this Security
Instrument, but only if the fee is paid to a third party for services rendered ancl the charging of the fee is permitted under
Applicable Law.
24. Waivers. BOITower releases and waives a1l right under and by virtue of the homestead exemption laws of
Wyoming.
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WYOMING-Single Family-Fannie J\lac/Frcddic Mac UNIFORM INSTRUMENT
Page 10 of 11
Forni 3051 (01101)
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BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in pages 1 through
11 of this Security Instrument and in any Rider executed by Bonower and recorded with it.
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JEFF Y M PERKINS
(Seal)
-Borrower
(Seal)
-BOITower
(Seal)
-Borrower
(Seal)
-Borrower
----------------------------------------[Space Below This Line For Acknowledgemcnt]----m-----mm___mm_____m
State of WYOMING )
)ss
County of LINCOLN )
The foregoing instrument was acknowledged before me by
JEFFREY M PERKINS, a single man
this 8TH
day of NOVEMBER, 2005
Witness my hand and official seal.
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WYOMING- Single Family-Fannie l\1ae/Freddie Mac UNIFORMINSTRUI\1ENT
Page II of 11
Forll13051 (01/01)
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MORTGAGE ADDENDUM
The following is an Addendum to the Mortgage. The addendum shall be
incorporated into, and recorded with, the Mortgage.
TAX EXEMPT FINANCING RIDER
This Tax-Exempt Financing Rider is incorporated into and shall be deemed to
amend the terms of the Mortgage to which it is attached.
In addition to the covenants and agreements made in the Security instrument,
Borrower and Lender further covenant and agree as follows:
Lender, Or such of its successors or assigns as may, by separate instrument,
assume responsibility for assuring compliance by the Borrower with the
provisions of this Tax Exempt Financing Rider, may require immediate
payment in full of all sums secured by this Security Instrument if:
a) All of part of the Property sold or otherwise transferred (other than
by devise, descent or operation of law) by Borrower to a' purchaser
or other transferee:
i) Who cannot reasonably be expected to occupy the property
as a principal resident within a reasonable time after the sale
or transfer, all as provided in Section 143(c) and (i) (2) of the
Internal Revenue Code; or
ii) Who has had a present ownership interest in a principal
residence during any part of the three year period ending on
the date of the sale or transfer, all as provided in Section
143(d) and (i) (2) of the Internal Revenue Code; or
iii) At an acquisition cost which is greater than 90 percent of the
average area purchase price (greater than 110 percent for
targeted area residences), all as provided in Section 143(e)
and (i) (2) of the Internal Revenue Code; or
iv) Whose family income exceeds applicable income limits as
provided in Section 143(f) and (i) (2) of the Internal Revenue
Code.
b) Borrower fails to occupy the property described in the Security
Instrument without prior written consent of the lender or its
successors or assigns described at the beginning of this Tax
Exempt Financing Rider, or
c) Borrower omits or misrepresents a fact that is material with
respect to the provisions of Section 143 of the Internal Revenue
Code in an application for the loan secured by this Security
Instrument.
References are to the Internal Revenue Code as amended, in effect on the date
of execution of the Security Instrument and are deemed to include the
implementing regulations.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions
in this Tax-Exempt Financing I<ider.
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FFREY H PERKINS
Borrower
rvrpp 210-B (Revised 12/95)
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