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HomeMy WebLinkAbout913636 RECEIVED 11/14/2005 at 10:34 AM RECEIVING # 913636 BOOf<-: 604 PAGE: 551 JEANNE WAGNER LINCOLN COUNTY CLEf~f<, KEMMERER, \IVY (' 1\ (' r:~ C' ",' '.' ',) \,: \.} \.) 1 [Space Above This Line For Recording Data] IVrORTGAGE DErlNITIONS \Vnrds l1sed in ml1ltiple sections of this ùocument are ddined bdnw anù other words are defined in Seclilms 3, I 1,13, 18, 20 and 21. Certain rules regarding the usage of wunJs used in this docl1ment me also pruvided in Section 16, (A) "Security Instrument" means this document, which is daled """.,.""""",. with all Riders to this dl)Cl1lllent. (B) "Borrower" is JAC~, Q: .E.0Y'!~R.Qs" A, S.lNq~~ MAN.,.", '" ",.,.'" ""','" '" ,."" '" .. 1 J1Q)QP,5"....,..., ',....,"", ltlgether . , . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . ................................................................................................. . . . . . . . . . . . . . . . . . . . . . ................ . Borrower is the mortgagor under this Security Inslrl1ll1ent. (C) "Lender" is ,T!I,Eß,ANKpF,!',TAR,YA,LL,EL....""...., ",."...,.. '..,.. ,.....,,,..,,....,...,..........,.,, ................................. " ' ... , .. " , ". . " .. , .. , , " .. , , .. .. , , " ' .. , " , .. .. , .. ' , .. ' .. , .. .. , " , , .. , .. .. . .. , .. . , .. ." .. , .. , . .. , .. .. , , .. " , .. , , .. , .. , .. , .. , , , ... , Lende r is a ,~QrfqR,ATI,q~........",,,...,,...,..,,,......,......,,,,....,......,....,,,,..,..,.,,,, ,,,....,, organized and existing undtr [ht Ll\vs of ,THPT AT~ ,QF ,WY,q(~ING, .. . .. .. . .. . '" .. .. ' .. , " , .. , .. , ... ... .. , ." . .. .. , " , Lender's addrtss is ,m, W,A~i!lfJ,GTO't!ST !,U,T, ~p. ß,qx, ~9P7." , .. NTPN" Y'!y, ß,31, 19.. .. " ' , .. , .. .. .. .. .... .. , .. , " . " , " , .. , ... . .. , .. ... .. , '" , Lender is the mortgagee lJnlln this See llrity I list rllment. (0) "Note" means Ihe promissory note signed by Borrov.'er and dated .1.1,.1.Q-2005"",."""""".""""""""".""", ,The Note states that Borrower owes Lender 0N~ ,~uNqREp' NINqn~,o~?Mo. ANDNPllo,q,.".,."."""""""""""""""""""".,.." ", ""..".."..."".......""""...,,....'.. Dollars (ll ,5, $ ),G,Q,o,QQ"QQ..."....,...."..) plus interest. Jnrrnwer has promisnl (0 pay this debt in rtgular Periodic Payments and tn pay the debt in fllll not later than .I.2,),5.1QQ7."""",.".""".""." ..................................................................................................,................................................. . " ~ (F:) "Property" means the property that is (!êscrib¡:ù below under Ihe heading "Transfer nf Rights in the ['rl)perly," (F) "Loan" ¡neans the debt evidenced by the Note, pIlls interest, any prepayment charges and late charges du¡: under the Note, and all sums due under this Security Instrument, plus interest. (G) "Hiders" means all Riders to this Security Instrument Ihat are executed by Borrower. The fnllnwing Riders are to be executed by Borrower [check box as applicable]: o Adjustable RaIl' Rider 0 Condominium rUder ŒJ Balloon Rider 0 Planned Unit Development Rider o 1-4 Family Rider 0 Biweekly Payment Rider (II) "Applicable Law" means all controlling applkable federal, state and Incal slatutes, regulatilHls, nrdinances and adrninistraliverules and orders (that have (he elkct of law) as well as al1 ap 'licabk final, nun-élppcalabkjudicialllpillinns, (I) "Community Association Dues, Fees, and Assessml:nts" means allluês, fees, assessments ane! n(her charges that arc imposed on Bnrrower or the Properly by a condominium associatil)n, homeowners association or similar organizatinlL (J) "Electronic Funds Transfer" means any transfer 01' funds, other than a lransaction originated by check, draft, or similar paper instrun~ent, whieh is initiated t!1rough a!1 c!,eet~') 1ic tenn~nal, tekj:hc1Ilic instrumel~t, cumputer, or magnetiy tape ~o !Is to order" II1struct, or autl~unze a Imanclal II1stltutJOn ~() debIt ur ~rel It an ac~uunL ,~uch tenu JI1cludes, blH, IS not 11l11lted to, pUll1t-ot-sale transkrs, automated teller l1lachllle transactIons, transfers In¡tlated by telephone, wIre transfers and automated clearinghouse transfers, (K) "Esèrow Items" means lhose ilems that are described in Section 3, (L) "l\Iiscellaneo~ls Proceeds" means any compensation, seltkment, a:vanl of damages, ,or proceeds paid by any thir~1 party (o,ther than II1surance l~roceeds paId uI~der the coverages descrllwd In Sectlon,5.) jor: (1) clam,~g" ,tC!, llr destructIOn ,ot, the f)rup~rlY; (II) con~lemna.lton or ~,tl~er takmg oj all orany part of the Properly; (III) ennveyanCt: 111 IJeLl ot enndemnatlOn; or (IV) mlsrepresentatJüns ot, or (H11I?slons as to, th¡: value aml/ur cOI~dlllon of the Property" , (1\£) "!\fortg~1ge Insurance" means mSlJrance protectll1<' Lender agamst t.l1e n.onpayment ot, lIr deLlIilt on, the Loan, (N) "Per ()(hc Payment" means the regularly scheduled amount ùue lor (I) pnnclpal and IJ1terest under the Note, plus (ii) any amounts under 5eclion 3 of this Security Instrument. (0) "HESPA" means the Real Estate Settlement Procedures Act (12 use, §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 regulalion that governs the same subject matter. As ust:d in this Security Instrument, "¡n::SPA" refers to all r~l]uirem,~nts and restrictions that are imposed in r~~ard 10 a "federally rdated mortgage loan" even if (he Loan does not qualtfy as a leùerally related mortgage loan uneler nbsPA. (1') "Successor in Inter~sl ~)r Borrower" means any party that lYls taken title to the Property, whelher or not that party has assumed Borrower's ubllgatlOns under the Note and/or [1m SecurIly Instrument. o Second Ilome Rider [J Olher(s) [specify] ..".",,,.,,.. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Luan, and all renewals, extensions and modifications of the Note; and (ii) the performanœ of Borrower's covenants and agreements under this Security Instrument and the Note. For [his purpose, Borrower cloes hereby mortgage, grant and convey to Lcnder ane! Lemkr's successors and assigns, willI power of sale, the following described property located in the ç.Qv~J.~ymçp.~Q¡:~",.,",.,..".,.".,",.".,""""',.""""". of [Tvpe of Recording Jurisdiction] qNC,q~~, çO,~~n ,C~~~K. , , , ................................................................ [Ndm8 üf Recording Jurisdiction} SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Fo/m 3051 1/01 WYOMtNG - SinOle Family, Fannie Mae/Freddie Mac UNIFORM INSTRUMENT BilflhL: :ì, S)':>Il:n!S, liLL., SL Cloud, f'.'IN hJffll tAD-l'W'! 8/11/'2000 rei: 1 /LOO I I['''ge / of 7 /'''ge.\') -- I ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CB4/\O "'. í~ " J (L" , ûd.i'l._t r-· 'i r f". ... ,.... . :,' "'.1,,\', " " "oJ v J:" which ctirrently has the address of ,m,3. Ç,QVNU M.AQ ßl ) L . . . .. ... . .. . .. .. . .. .. .. .. .. . .. .. .. . .. .. .. .. . . .. . , .. .... .. .. .. . . .. , [Street] ............ .T.li4YNC. ,.,......,.. ........................,.............,...., Wyoming ,?,3,m........,.,......,....,......,... ("Property Address"): ICity) [Zip Code] 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 Securiry Instrument as the "Property." 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 encumhrances of record, Borrower warrants and will defend generally the title to the Property against all claims and demands, subject 10 any encumbrances of record. TI-IIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Eseroll' 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 Sectil¡1! 3, Payments due under the Nute and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned 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 instilution 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 if 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 refllSe such payment or partial paymenls in the future, but Lender is not obligated to apply such payments at the time such payments are accepted, If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such flmds or return them to Borrower. If not applied earlier, such flmds 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 perfonning the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, aH 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 I\:riodic 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 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 shaH be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or MisceHaneous 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 shaH 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 amounts 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 Mortgage Insurance premiums in accordance with the provisions of Section 10, These items are caHcd "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 Borrower, 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 S¡;ction, Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or aH Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or aH Escrow Items at any time. Any such waiver may only be in 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 waived by Lender and, if Lender requires, shall fllrnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9, If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower tàils 10 pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amuunt and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or aH Escrow Items at any time by a notice given 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. 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 RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA, Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures 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 RESPA, Lemler shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower 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 Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for the excess flmds in accordance with RESP A, If there is a shortage of Funds held in escrow, as defined under RESP A, Lender WYOMtNG - Single Family - Fannie Mae/Freddie Mac UNtFORM INSTRUMENT Form 3051 1/01 Bankers Systems, Ine" SI. Cloud, MN Form MD'l-WY 8/21/2000 (['age 2 ol? ['lIge') ~ ~ · .~' ......... ...;\.) n r. r:~ t:)" ~ '! \, .) \. LJ shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary !O make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as lkfined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, bur in no more than 12 monthly payments. Upon payment in full of all SUll1S secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower 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 n:nts 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, Borrower 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 Borrower 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 Lendèf 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, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connectiun 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 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 Borrower subject to Lender's right to disapprove Borrower'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 Hood zone detem1ination, certification and tracking services; or (b) a one-time charge for nood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails 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 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. Borrower 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 Instrument. 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 Borrower 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 c]ause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates, If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, If Borrower nbtains any form of insurance coverage, not otherwise required by Lender, for clamage to, or destruction of, the Property, ~;uch policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an adclitionalloss payee, In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lemler may make proof of loss if not made promptly by Borrower. Unless Lender ami 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 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 sllch inspection shall be undertaken 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 Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid nut of the insurance proceeds and shall be the sole obligation of Borrower, If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the slims secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and relatcd mailers. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to selt\e a claim, then Lender may negotiate and settle 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 (3) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned 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 under the Note or this Security Instrument, whether or not then due, 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days af1er 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 shall 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 ,:,:stroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property, Whether or not Borrower 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, Unltss it is determined 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, Borrower is not relieved of Borrower's obligation for the completion of s\lch repair or restoration. WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Bankers Systems, Ine" SI. Cloud. MN Fo,m MD,l-WY 8/21/2000 (page 3 of 7 page;') ----4"-- ---- ~ ,r- .')~: u ~..!i '-.J i'-I (' !:: t:' ,~ '", I,) \.,: '-.1 0 '.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 ¡he Property. Lender shall give Borrower notice at ¡he 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 knnwledge 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 limited 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 perfonn 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 Instrument, 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 whicll 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 this 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 of Borrower secured by this Security Instrument. 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 Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease, If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lemler agrees to the merger in writing. 10. l\lortgage Insurance. If Lender required Mortgage 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 murtgage insurer that previously provided such insurance and Borrower was reljuired 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 effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage 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 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, Borrower shall pay the premiums required to maintain Mortgage Insurance in errect, or to provide a non-refundable loss reserve, until Lender's requirement 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 Borrower's obligation to pay interest at the rate provided in the Note. ~1ortgage 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. Borrower 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 party (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), As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses, If such agreement provides that an affiliate of Lender takes a share of insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements wiII not affect the amounts that Borrower has agreed to pay for I\lortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they wiII not entitle Borrower to any refund. (b) An)' such agreements wiII not affect the rights Borrower hasnif an)'--with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance termin3ted 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 of Miscellaneous Proceeds; Forfeiture. All Miscellaneous 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 opportunity to inspect such Property to ensure the work has been completed to Lemler's satisfaction, provided that such inspection sha]] 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, UfÙess 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 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 clue, with the excess, if any, paid to Borrower, 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 of a partial taking, destruction, or loss in value of the Property in which the t~1Ìr market value of the Property 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 Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the WYOMING - Single Family, Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Banker:. SYSlems, Inc., St. Cloud. MN Form MD·l·WY 8/21/2000 (f'lIge -lor 71'"ges) . . , ' fA)) r- :~ r !.:¡ ¡'\ ',' '.. \..,V V 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 divicled by (b) the fair market value of the Property immediately bet'Öre the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. 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, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the tvfiscellaneous Procce:ds shall be applie:d to the: sums secured by this Se:curity Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, afta notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to se:ttle a claim for damages, Borrower fails to respond to Le:nder within 30 days after the date the notice is given, Lender is authorized to collect and apply the MiscellalJèous Proceeds either to restoration or re:pair of the: Property or to the sums se:cured 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 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 judgment, precludes forfeiture 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 MisceJlaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 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 Lencler to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest o{ Borrower. 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 sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a 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 Borrower's obligations and liability shall be joint and several. However, any Borrower 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 ten1lS of this Security Instrument; (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 the pwvisions 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 benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations 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 benefit the successors and assigns of Lencler. 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 Instrument, including, but not limited to, attorneys' 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 Borrower 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 collectt:d or to be collected in connection with [he Loan exceed the permittecl limits, then: (a) any such loan charge shall be reduced by the amuunt necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be rdunded to Borrower. Lemler 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 made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrowèf or Lender in connection wiLh 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 first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise, The notice address shall be the Property Adclress unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of adclress,¡'theh Borrower shall only report a change of address thrcugh that specified procedure. There may be only olle 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 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 shall not be deemed to have been given to Lemler until actually received by Lender, If any notice required by this Security Instrument is also n:quired under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow 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 Instrument or the Note conf1icts with Applicable Law, such cont1ict shall not affecl other provisions of this Security Instrument or the Note which can be given effect without the contlicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and viCè 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 Bel1eIicial 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 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Bankers Systems.lnc" SI. Cloud, MN Form MD·]-WY 8121/2000 (page 5 of 7 page,,) --<.~ ~! ,! :i. r r: t:: .... ". "\,} \.1 rr...J J Û 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 lransfern.:d (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lendèr'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 dale the notice is given in accordance with Section 15 within which Borrower 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 Borrower. 19. Borrower's Right to Reinstate After Acceleration. If 13orrower 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 Applicable Law might specify for the tem1Ínation of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then wmtld be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default Df any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasDnable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lxnder's interest in the Property and rights under this Security Instrument; 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 Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lemler: (a) cash; (11) 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. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective 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 ServiceI'; 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 might 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 performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Luan ServiceI' unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower wiIl be given written notice l)f the change which wiIl state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA 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 wiIl 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 purchaser. Neither Borrower 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 from the other party's actions pursuant to this Security Instrument or that aIleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such aIleged breach and afforded the other party hereto a reasonable period after the giving of such notice to lake corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period wiIl 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 Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are"those substances defined as toxic or hazardous substances, poIlutants, or wastes by Environmental Law and the foIlowing substances: gasoline, kerosene, other t1ammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Enviwmnental Law" me1l1s federal laws and laws of 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 detïned in Environmental Law; and (el) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shaIl not cause or permit the presence, use, disposal, storage, or reJease 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 affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental 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 apply [0 the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generalJy recognized to bc appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shaIl promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any goverrunental or regulatory agency or private party invol ving 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 \earns, 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 is necessary, Borrower shaIl promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shaIl create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lemler 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 Instrument (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 failure to cure the default on or hefore the date specified in the notice may result in acceleration of the SUlns secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reiustate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option Illay require immediate paymeut iu 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 he entitled to collect all expenses incurred in pmsuing the remedies provided in this Section 22, including, but not limited to, reasonable attorne) s' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower aud to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Bankers Systems, Ine" St. Cloud, MN Form MD-'-WY 8/21/2000 (pu!!e Ii 4 7pu!!es) ~ . \:~ ~; :J{; 'ì, r, {"'.." ~'1, } \, :.)0 J sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the 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 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. Uelcase. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower 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 rendered and the charging of the fee is permitted under Applicable Law, 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. u~kk¿fc(4.......u....u.uu.u.......... (Seal) JACK D, EDWARDS -Borrower .. , . .. . .. . . , , .. . , . .. , , . , . . , ... .. . , , , , . . , . , .. , , .. . , . . , . , , . . , . . , . .. , , . , , . , . .. . .. . , . , . , , . ., (Seal) - Borrower [Space Below This Line For Acknowledgment] STATE OF WYOMING. u. u. u. u.... u.· u.·· .Lf./i.0ðY^J.. u.. u· u·....... com'1Jss: ¿I '" I ( , ' . .' / "~( -~- The foregoing instrument was acknowledged before me this .........!ó.,~~ . ..lt1."" , ..O,V,«~:'ß,~!?-:-.,...~)OS (da te) by )~Ç,~ .Q,. fPWA.~P.S,.~ .~INQ.L~. M~N, .. . . . , . , ... , ,. . , . .. , , . , .. , . , . , .. . , ' , . . .. , , . , , . , . , . .. , , , , . , , . , . . , , , . , . .. . . , , . , .. , , , , . , . . , , . , . . , . , . , , , , , .. , , . . , . . , (person acknowledging) /J'l ~/rt:/ .., ,...... -<,-~r~, ,~.. .r..,. ~., .-;-,";'.-;-:-:-:-:~~". .",,-...,.,....;. .c..". "...... ,........ 7 N@,y Puntic // My commission expires:;J·riÝ tób<;5 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Bonkers Systems, Ine,. 51. Cloud, MN Form MD-l·WY 8/21/2000 Form 3051 1/tJ 1 (p"ge 7 of 7/'iIge,'J ''', ,r-.. ,)' t" <. {'",jü :"1 (' 1''' .... ":':008 Exhibit "A" Beginning at the southwest corner of the E1/2SW1/4SW1/4 of Section 25, in T35N R119W of the 6th P.M., Lincoln County, Wyoming, and running thence North, along the west boundary line of the E1/2SW1/4SW1/4, 311.03 feet; thence East 155 feet, more or less, to an existing North-South fence line, or the Northward extension thereof, thence South, along said existing fence line and said existing fence line extended, 311.03 feet, more or less, to the South boundary line of said Section 25, thence West, along said South boundary line, 155 feet, more or less to the point of beginning , " " .'.' ~ :1', ., ' (. n (' r:. r'J: 0 ",'" \ .j,-. J ,'. t" . .I! ".II <.~ PAYMENT RIDER THIS PAYMENT RIDER is made this ..1.qT.~............ day of .NQ~çf'{1.~~.~,)9~?.............. and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned ("the Borrower") to secure Borrower's Note to .. .T.~.E..~AN~ .Qf..~T.4~..~A.~~fX,)~~...... .W~.~HI.~~T.qN .~TN.~L,~.q .~9~JQR?, N.1q~/. YVY.. ?~ J.1.9................................................................ .......................................................................................................... (" the Lender") of the same date and coveringthepro[Jert'{ described in the Security Instrument and located at: 1133 COUNTY ROAD #113, THAYNE, WY 83127 ............................................................................................................................. [Property Address] ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PERIODIC PAYMENTS OF PRINCIPAL AND INTEREST The Note provides for periodic payments of principal and interest as follows: 3. PAYMENTS (A) Periodic Payments I will pay principal and interest by making periodic payments when scheduled: o I will make .......................... payments of $ ........................................................ each on the ...................................................................................,........................ of each................................................................................................,................. .......................................... beginning on ................,...,..,..................................,.. IX] I will make payments as follows: 24 MONTHLY INTEREST PAYMENTS RANGING FROM $983.84 TO $1229.79 BEGINNING 12,15,2005, IX] In addition to the payments described above, I will pay a "Balloon Payment" of $ ,1 ~.1.,.Q?4:)'1................... on ..1.~: 1 ?J9'O.?......................................... . The Note Holder will deliver or mail to me notice prior to maturity that the Balloon Payment is due. This notice will state the Balloon Payment amount and the date that it is due. (B) Maturity Date and Place of Payments I will make these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My periodic ·11 b I· d· b f P" I If 12 15 2007 payments WI e app Ie to Interest e ore rmclpa. ,on ....:..:.......,.........................,...., I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the" Maturity Date." I will make my periodic payments at .. .~~~..~.~.~~.lN~.1'OH ~TRç~.1L~F.TP~! .Wn.n19............,..... .................................................................................................................................. .................................................................................................................................. ........................................................ or at a different place if required by the Note Holder. MULTIPURPOSE FIXED RATE PAYMENT RIDER (MUL TIST ATE) Bankers Systems, Inc., St. Cloud, MN Form MPFR-PR 6/15/2004 ref: MPFR-MN (page 1 of 2 pages) \ ',";;':':"'1 ",':';';'r-' ..;-,.~..I . ,.-' <.i cq¡~~, {}1,...1'--Jf (",0\ _(:,. '" ¡,J C d G 0 o B. FUNDS FOR TAXES AND INSURANCE Uniform Covenant 3 of the Security Instrument is waived by Lender. BY SIGNING BELOW, Borrower accepts in this Payment Rider. and agrees to the terms and covenants contained . ,,~rt?d~~~ (So'lI Ç-c:ëò, EDWARDS -Borrower .............,............................................ (Seal) -Borrower Bankers Systems, Inc., St. Cloud, MN Form MPFR-PR 6/15/2004 (page 2 of 2 pages) .~