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HomeMy WebLinkAbout913625 ¡,/ I rnn- I.. U \.: t t RECEIVED 11/10/2005 at 4:14 PM RECEIVING # 913625 BOOK: 604 PAGE: 519 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Prepared by and When Recorded RetuOl To: First National Bank - West PO Box 1620 Afton, Wy 8311 0 -------------------------------------------- [Space Above This Li ne For Record ing Da ta] -----------____________________________________ LOAN NO. 04426056060 MOH.TGAGE 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 OCTOBER 31, 2005 all Riders to this document. , together with (B) "Borrower" is JONATHAN P EDWARDS & ANGELA M EDWARDS, husband & wife Borrower is the mortgagor under this Security Instrument. (C) "Lcnder" is FIRST NATIONAL BANK-WEST. Lender is a NATIONAL BANKING ASSOCIATION, organized and existing under the laws of THE UNITED STATES OF AMEItiCA. Lender's address is 314 S WashingtonfI>O Box 1620, Afton, WY 83110. Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Bon-ower and dated OCTOBER 31, 2005 The Note states that Borrower owes Lender THIRTY-EIGHT THOUSAND AND 00/100 Dollars (U.S. $ 38,000.00 ) plus interest. Bon-ower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 1, 2035 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Propeliy." ¿'~.- (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 I-Lome Rider _Biweekly Payment Rider 5 5 ¡<íft\ _Balloon IZider ---x-Other(s) [specify] TAX EXEMPT RIDER ¡ ¡,'itial/~ A~. FOnl13051 (01101) WYOi\UNG -Single f'alllily - Fannie MaelFreddie Mac UNIFORM INSTRUMENT Page 1 of 11 r, ~",J 4-,,{"">C , 'Ù :.""...j " .r ,'ì n I':.' ';' 0 i.. ',.J \..' ..} .... (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect ofJaw) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees and Assessments" means all dues, fees, assessments and other charges that are imposed on Bon-ower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic tel1l1inal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such tenl1 includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfer, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (1.) "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 Propeliy; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or onussions as to, the value and/or condition of the Property. (1\1) "1\1ortgage 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. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that 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 m0l1gage 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 BOITower's obligations under the Note and! or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance ofBoITower's covenants and agreements under this Security Instrument and the Note. For this purpose, Bon-ower 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 TOWN OF KEHMERER [Type of Recording Jurisdiction] LINCOLN COUNTY of [Name of Recording Jurisdiction] Lot 3 of Block 5 to the Town of Kemmerer, Lincoln County, Wyoming as described on the official plat thereof. which cUITently has the address of [Street] [City] KEMMERER 510 Cedar Ave ,Wyoming [Zip Code] 83101 ("Property Address"): TOGETHER WITH aU the improvements now or bereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a paJ1 of the property. AU replacements and additions shaH also be covered by this Security Instrument. AU of the foregoing is referred to in this Security Instrument as tbe "Property." WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORi\I INSTR(Ti\H:NT Page 2 of II ¡lZAø£ FOl"m3051 (01101) , (;j; S j:L (:~'~~ :f;. :2~ ~~ r-' I~ Í'. r'V o. "! I I" '. " ~ \.. u ,; û ¡:; ..L. BORROWER COVENANTS that Borrower is lawfully 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. BOlTower warrants and will defend generally the title to the Property against all c1aims and demands, subject to any encumbrances of record. THIS SECURlTY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniforn1 security instrument covering real property. UNIFORM COVENANTS. BOlTower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under 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. cUlTency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is rehlmed to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Insh-ument 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 return any payment or partial payment jf the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or pmtial 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 Borrovver makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shaH either apply stich funds or rehlrn them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instmment. 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 payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Bon"ower 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. BOI1'ower 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 aH insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of MOItgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the tern1 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 Borrower'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 sllch \\t!aiV; ~11ay only be in l ( i -- JtnJ·¿:. WYOMING - Single Family- Fannie Mae/Freddie Mac UNIFORMINSTIWJ\ŒNT (Page .I o( /1 pages) Fom13051~(01l01) ~ .(~ .. ""~ 'QJ~~) rnnr.:-t)0 \.' \,/ \.! 0.i...J' ~ wntmg. In the event of such waiver, Borrower shan pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall fumish to Lender receipts evidencing such payments within such time period as Lender may require. BOITower's obligation to make such payments and to provide receipts shall for an purposes be deemed to be a covenant and agreement contained in the Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If BOITower is obligated to pay Escrow Items directly, pursuant to a waiver, and BOITower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and BOITower shan then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, BOITower shall pay to Lender an Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESP A, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expendihlfes of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESP A. Lender shan not charge BOITower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays BOlTower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless and agreement is made in writing or Applicable Law n:quires interest to be paid on the Funds, lender shall not be required to pay BOlTower any interest or eamings on the Funds. Borrowl'r and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to BOlTower for the excess funds in accordance with RESP A. If there as a shortage of Funds he]d in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and BOlTower shall pay to Lender the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESP A, Lender shall notify BOlTower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payments in fÌ1ll of an sums secured by this Security Instrument, Lt neler shall promptly refund to BOITower any Funds held by Lender. 4. Charges; Liens. BOlTower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, BOlTower shall pay them in the manner provided in Section 3. BOITower 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 BOITower 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 detemlines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in Section 4. Lender may require BOITower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in cOlmection 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, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that the Lender requires. What Lender requires pursuant to the preceding sentences can change during the tenn of the Loan. The insurance carrier providing the insurance shall be chosen by BOITower subject to Lender's right to disapprove BOITower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone detennination, 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 jt{J 1" I '1' _" / I ~~ A/YJ1 WYOMING-Single Family-Fannie Mae/Freddie Mac lINIFORl\1ISTRlIl\t£NT Form3(f¡¡1 (01/01) ~~~ ~- n 0, r:: "\ ") \.' ,) ..J",:'J Page 4 of J J determination or certification. Bon'ower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any nood zone determination resulting from an objection by BOlTower. If BOlTower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and BOlTower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. BOITower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instmment. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from lender to BOITower requesting payment. All insurance policies required by lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. lender shall have the right to hold the policies and renewal cel1ificates. If Lender requires, BOITower shall promptly give Lender all receipts of paid premiums and renewal notices. If BOITower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as 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 BOITower 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 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, provided that such 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 Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay BOITower any interest or eamings on such proceeds. Fees for public adjusters, or 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 economica]]y 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 BOll'ower. Such insurance proceeds shall be applied in the order provided for in Section 2. If BOITower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If BOll'ower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to sel1le a claim, then Lender may negotiate and sel1le the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Bon'ower's rights to any insurance proceeds in an amount not to exceed the amoLlnts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund ofuneamed premiums paid by Borrower) 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 uncler the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as BOITower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shaH not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not desh'oy, damage or impair the Property, allow the Propel1y to deteriorate or conmlit waste on the Propel1y. Whether or not BOll'ower is residing in the Property, BOlTower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is detennined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property 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, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, BOITower is not relieved of BOITower's obligation of sLlch repair or restoration. WYOMING-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT PlIge 5 !t,s A #/l:/VI ¿ Form 305¡ (01101) ~ q-'j,;í' .rß ¡-.. :(Jji....¡.QJ r·" .- ~ t} (~¡'"' ~..:' /1 .' \.1 \.,' 0 '~'.:i c.1 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 Property. 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. Bon-ower shall be in default if, during the Loan application process, Bon-ower or any persons or entities acting at the direction ofBoITower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not lim.ited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower 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 bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), 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 Insh'ument, including protecting and/or 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 court; 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, eliminate 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 under this Section 9 shall become additional debt ofBoITower secured by this Security Insh-ument. These amounts shall bear interest at the Note rate from the date disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Bon'ower shall comply with all provisions of the lease. If BOlTower acquires fee title to the Property, the leasehold and the fee title shal1 not merge unless Lender agrees to the merger in writing. 10. l\1ortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, BOlTower 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 ins mer that previously provided such insurance and BOlTower 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 effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in etIect, from an alternate mortgage insurer selected by Lender. If substantially equivalent I\Iortgage Insurance coverage is not available, Bon-ower 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 ]jeu ofMOligage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately 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 e1Tect, or to provide a non- refì.mdab]e loss reserve, until Lender's requirenlent for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Bonower's obligation to pay interest at the rate provided in the Note. M0l1gage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Bon-ower does not repay the Loan as agreed. BOlTower 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 pa¡ty (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 tì'om Mortgage Insurance premiums). //. ¡) 1111 ~~U v::L'-'- (,é. WYOMING-Single Family·Fannie Mac/Freddie Mac UNIFORi\lINSTRlIì\1ENT Form305! (01101) \ ~'1 i ~.~ ~ ..~- Ji· ~;~ .~] ,. () (~ r~ ..r., r:- \.1u0.(..) Page 6 of 11 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 exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. Ifsuch 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 arrangement is onen termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for :IVIortgage 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 ProtCl~tion Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to ,oequest and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment ofl\Jiscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such MiscelJaneous 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 opportunity 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 MiscelJaneous Proceeds, Lender shall not be required to pay BOlTower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to 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 Propeliy, the Miscellaneous Proceeds shalJ be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to BOlTower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market valne of the Propeliy immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Bon"ower and Lender otherwise agree in writing, the sums secllred by this Security Instrument shall be reduced by the amount of the MiscelJaneous Proceeds multiplied by the folJowing fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value di vided 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 BOlTower. 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 slims secured inmlediately before the partial taking, destruction, or loss ill value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to BOITower that the Opposing Party (as defined in the next sentence) offers to make an award to set1le a cJaim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the I"vfiscellaneons 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 BOITower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in detàult if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Propeliy or other material impairment of Lender's interest in the Property or rights under this Security Instrument. BOITower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgement, precludes forfeihlre of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 1/· A1 T2~t ,_i~fl1,_(. Form 3051 (01/01) WYOMING-Single Family-Fannie Mae/Freddie Î\lac UNIFOW\t INSTRUMENT Page 7 of 11 ~ , \ I,. ~.:' ,:::1 ~_.~__ fi ~~ 5 (~ n ('. r~ ~', r: '-' :,.I , :' J< Ù 12. Borrower Not Released; Forbearance By Lender Not a 'Vaiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to I3olTower or any Successor in Interest of Borrower sha1l not operate to release the liability ofI3orrower or any Successors in Interest of BOlTower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the slims secured by this Security Instrument by reason of any demand made by the original BOlTower or any Successors in Interest ofI3orrower. Any f()rbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest ofI3orrower or in amounts less than the amount then dlle, sha1l not be waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that BOlTower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instmment 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 Propeliy under the terms of this Security Instrument; (b) is not persona1ly 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 tenns of this Security Instrument or the Note without the co-signer's consent. Subject to provisions of Section 18, any Successor in Interest ofBoITower who assumes BOITower's obligations under this Security Instrument in \vriting, and is approved by Lender, shall obtain a1l of Borrower's rights and benefits under this Security Instrument. BOITower 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 shaH bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instmment, including, 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 Instrument to charge a specific fee to BOITower shall 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 c01lected or to be co1lected in cOlmection with the Loan exceed the permitted limits, then; (a) any such loan charge sha1l be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already c01lected from Borrower which exceeded permitted limits wi1l be refunded to Borrower. 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 as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund may by direct payment to Borrower wil1 constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. Al1 notices given by I3on-ower or Lender in connection with this Security Instrument must be in writing. Any notice to Bon-ower in connection with this Security Instrument shall be deemed to have been given to Bonower when mailed by first class mail or when actual1y delivered to BOITower's notice address if sent by other means. Notice to anyone Bonower shal1 constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shal1 be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. BOITower shal1 promptly notify Lender of I3oITower' s change of address. If Lender specifies a procedure for reporting BOITower's change of address, then Borrower shal1 only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shal1 be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shal1 not be deemed to have been given to Lender until actual1y received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Goveming Law; Severability; Rules of Constmction. This Security Instrument shall be governed by federal law and the la w of the jurisdiction in which the Property is located. All rights and obligations contained in this Security InstI1lI11ent are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly al10w 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 oft]¡is Security Instrument or the Note conflicts with Applicable Law, such conflict shal1 not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. A, ,,,,d io 'hi, S"m',y ¡n'"um,nt (") wo,d, of, he o""n Ii 0' gend,,· ,],,1\ m"n "od in, ]"d, CO'j";iJj£ , l/~- cLJ}1{.· WYOMING-Single family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 8 of 11 Forll13051 (01101) \ \1 r -..'......' ¡f" ".-:. '{ìil", .'''} n ~ '.1 '"';, '.j \ J \.J . ~ . neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plmal 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 Beneticial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests 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. I I' all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a nahlral person and a beneficial interest in BOITower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which BOlTower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on BOlTower. 19. Borrower's Right to Reinstate After Acceleration. If BOlTower meets certain conditions, BOlTower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) tive days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the tennination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that BOJTower: (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 inculTed in enforcing this Security Insh"llment, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other tèes inclllTed for the purpose of protecting Lender's interest in the Property and rights under this Security Inshl.llnent; and (d) takes sllch action as Lender may reasonably require to assure that Lender's interest in the Property and rights lindeI' 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 sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any sllch check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by BOlTower, this Security Instrument and obligations secured hereby shall remain fully efTective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security InShl.lment) can be sold one or more times without prior notice to BOlTower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due uncler the Note and this Security Instll.lment and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable 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 ServiceI', Borrower will be given written notice of the change which will state the name and address of the new Loan ServiceI', the address to which payments should be made and any other infonnation RESP A requires in cOlmection with a notice of h'ansfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan ServiceI' or be transferred to a successor Loan ServiceI' and are not assumed by the Note purchaser unless otherwise provided by the Note purchase. Neither BOlTower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises lì'om the other pal1y's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Bon'ower 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 pal1y hereto a reasonable period after the giving of such notice to take cOlTective action. If Applicable 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 acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Bon-ower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazal'dous Substances. As used in this Section 21: (a) "Hazardous Substance" are those substances delìned as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flanm1able or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of WYOMtNG-Singk Family-Fannie i\1ae/F.·eddie Mac UNIFORM INSTIWi\t£NT Page 9 of /1 !aé¡ 11 . ~tLl}1é, Form 3051 (0]/01) t ~ I]'E, ~_,:~: ti;.¿~S !ìrr:~jn ..J \1 .J.( 0 the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmenta] Cleanup" includes any response action, remedial action, or removal action, as defined in Environmenta] Law; and (d) an "Environmenta] Condition" means a condition that can cause, contribute to, or otherwise trigger and Environmenta] Cleanup. Bon-ower 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. BOlTower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmenta] Law, (b) which creates and Emironmental Condition, or ( c) which, 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 app] l' to the presence, use, or storage on the Property of small quantities ofI-Iazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (inc]uding, but not limited to, hazardous substances in customer products). Borrower 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 Envirolill1ental 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 governmental 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. Borrower and Lender further covenant and agree as follows: 22. Acce]eration; Remedies. Lender shall give notice to BOITower prior to acceleration following Bonower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicab]e 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 Bon-ower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further infoll1113orrower of the: right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a detàult or any other defense of Bonower 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 inm1ediate payment in hIlI of all stllns 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 incuned in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attoll1eys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Bonower in the manner provided in Section 15. Lender shall publish the notice of the sale, and the Property shall be sold in the maImer 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 entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Bon-ower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services renclered and the charging of the fee is permitted under Applicable Law. 24. Waivers. BOlTower releases and waives all right under and by virtue of the homestead exemption laws of Wyoming. /ifl ilt& /, ,. M. r, /; J~--tC WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTIUJ,\IENT Page 1 () of 11 Form 3051 (0 1/0 I) \ ("');(" \l];, J..\:J 0 ;·~.ì (~ ~ ,', 9 ',) \oJ .J l'~ ' BY SIGNING BELOW, BOlTower accepts and agrees to the tenns and covenants contained in pages 1 through 11 of this Security Instrument and in any Rider executed by BOlTower and recorded with it. ß~~~ JONATHAN P EDWARDS -&rciät-S-e-curityNrrmtrer ~ ¡¿£~/- (Seal) -Borrower ~'\ß. Nt U'A!CU\Js AN ELA M EDWARDS -è-e€iaJ. g8<-"i1f ity- NtttOOef- (Seal) -BoITO\wr (Seal) -Bon'ower Socia] Security Number (Seal) -Borrower Socia] Security Number ----------------------------------------[Spacc Below This Line For Acknowlcdgement --------------------_______________ State of WYOMING ) )ss County of LINCOLN ) The foregoing instrument was ackï10wledged before me by JONATHAN P EDWARDS & ANGELA M EDWARDS, husband & wife this 31ST day of OCTOBER, 2005 Witness my hand and official seal. ~\(L(/I.._Lv' ( My commission expires: 'y ¡,J\.~";:_~\ :' ;¡.t·F î r CW!;~";'¡' i lINCOU t.'~,-c;,.lY> C',' PUBLic ; STATE Of ~ WYOIÆflG , ~ .IÚ;ª;S]y WYOMING- Single family·Fannie J\lae/Fre¡J¡ ie 'lac UNIFORM INSTRUMENT Page 11 of /1 (-~-f~~=i<--~(/ .,) /'\ \ í / L.. t ó ~:} - J', c Ponn 305] (0 JlO 1) t l.~.~f ~~I:~l (1-;25 MORTGAGE ADDENDUM r! l\ Ï'\. f'" r'" '. ! ('" '0 \~,' \ / I~..' V .) , The folJowing 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 fulJ of alJ 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, alJ 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(1) 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 Rider. /::Ý ~ ß~~¿·~ __·~~-/k·:::Z-~' .,,-~_.....--- ' -- 'ÉfÓrTower JONATHAN P EDWARDS \ (ctWfuLP~ ANGEL~ M EDWARDS MPP 210-B (Revised 12/95) \