HomeMy WebLinkAbout913770
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WIlEN RECORDED, MAIL TO:
Bank of Jackson Hole
PO Box 7000
Jackson, WYOMING 83002
This Instrument was prepared by:
Bank of Jackson Hole
PO Box 7000
Jackson, WYOMING 83002
307-732-3054
RECEIVED 11/17/2005 at 10:53 AM
RECEIVING # 913770
BOOK: 605 PAGE: 95
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Loan Number: 0031645708
Order Number: 50989
(Space Above This Line For Recording Data)
MORTGAGE
DEFINITIONS
Words used in multiple sections of this docLJment are defined below and other words are defined in Sections 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 November J 1,2005, together with all Riders to this document.
(B) "Borrower" is Alan \V. lVIald and Ann \V. Maid, husband and wife. Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is Bank of Jackson Hole, organized and existing under the laws of\Vyoming.
Lender's address is PO Box 7000, Jackson, WY01\IlNG 83002. Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated November I I, 2005. The Note states that Borrowcr owes Lender
ONE MILLION TWO HUNDRED THIRTY- THOUSAND and no/100 Dollars (US. $1,230,000.(0) plus interest. Borrower has
promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than Oecemhcr I, 2035.
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepaymcnt charges and late charges due undcr the Note, and all sums
due under this Security Instrument, plus interest.
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(G) "Riders" means all Riders to this Security Instnllnent that are executed by Borrower The following Riders are to be executed by
Borrower (check box as applicable):
o Adjustable Rate Rider
o Balloon Rider
o ] -4 Family Rider
o Other (Specify) -
o
o
o
Condomillium Rider
Planned Unit Development Rider
Biweekly Payment Rider
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o
Second Home Rider
VA Rider
(II) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules
and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions.
(I) "Community Associatioll Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on
Borrower or the Property by a condominium association, homeowners association or similar organization.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper
instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or
authorize a tinancial institution to dèbit or credit an account. Such term includes, but is not limitèd to, point-of-sale transfers, automated
teller machine transactions, trallsfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(I() "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than
insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction o( the Property; (ii) condemnation or
other taking of all or any part of the Property; (iii) conveyance inlieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts
under Section 3 of this Security Instrument.
WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
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(0) "RESP A" means the Real Estate Settlement Procedures Act (J 2 U.S.c. § 260 I et sr!q.) and its implementing regulation, Regulation X
(24 C.F.R. Part 35(0), as they might be amended from time to time, or anyadditional or successor legislation or regulation that governs the
same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA.
(P) "Successor in Intercst of ßOlTowa" means any party that has taken title to the Property, whether or not that party has assumed
Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS TN TI-IE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and al! renewals, extensions and modifieatious of the Note; and
(ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does
hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property
located in the County of Lincoln:
See Exhibit II A"
Parcel Identification Number:
36190910000300
which currently has the address of: 588 McNeel Road
Alpine, WYOMING 83128 ("Property Address"):
TOGETHER WITH all the improvements now or hereafter crected on the property, and all C::lsc:ments, appurtemlllces, and Jixtures
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 Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant
and convey the Property ancl that the Property is unencumbered, except for encumbrances of record, Borrower warrants alld will defend
generally the title to the Property against all claims and demands, subject to any encumbrances of record.
TI-HS SECURITY TNSTRUJvIENT combines uniform covenants tòr national use and non-tlnilòrm covenants with limited
variations by jurisdiction to constitute a uniJòrm security instrument covering real property.
UN]FORJ"f COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Itcms, Prepayment Charges, and Late Charges. Borrower shall pay when due the
principal of, and interest on, the debt evidenced by thc Note and any prepaymcnt charges and late charges due undcr the Note. Borrower
shall also pay funds tòr Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrumcnt 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 SecllJ'ity Instrument be
made in one or more of the following fonns, as seJected 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 if the
payment or partial paymcnts are insuftìcient 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 partial payments in the
future, but Lender is not obligated to apply such payments at the time such payments are accepted. ]1' 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 funds or
return them to Borrower. Ifnot applied earJier, such funds will be applied to the outstanding principal balaucc under the Note immediately
prior to foreclosure. No offset or claim which Borrower might have now or in thc future against Lender shal! relievc Borrower from making
payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise describcd in this Section 2, all payments acccpted and applied by
Lender shall be applied in the fÒllowing order of priority: (a) intercst due undcr 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 clue. Any remilining amounts
shall be applied lirst to late charges, second to any other amounts due under this Security Instrument, and then [0 reducc the principal
balance of the Note. .
If Lender receives a payment from Borrower fòr a delincluent Periodic Payment which includes a sufficient amount to pay any late
charge due, the payment may be appJied to the delinquent payment and the late charge. Ifmore than one Periodic Payment is outstanding,
Lender may apply any payment received tì'om Borrower to the repayment of the Periodic Payments i( and to thc extent that, each payment
can be paid in full. To the extent that any excess exisls after the payment is applied to the full payment of one or more Periodic Payments,
such excess may be appJied to any late charges due. Voluntary prepayménts shall be applied tirst to any prepayment charges and then as
described in the Note.
Any application of payments, insurance proceeds, or J\1iscellaneoLls Proceeds to principal due Linder the Note shall not extend or
postpone the due date, or change the amollnt, of the Periodic Payments.
3. Fuuds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is
paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessmcnts and other items which can ,Ittain
priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the ProPCrly, if
WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
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any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, ifany, or any sums
payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.
These items are called "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 Section. Borrower shall pay Lender the Funds for
Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all 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 Hems for which payment o I' Funds has been
waived by Lender and, if Lender requires, shall furnish to Lender rcceipts 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. If13orrower is obligated to
pay Escrow Items directly, pursuant to a waiver, and Borrower ÜlÏls to pay the amount due for an Escrow Item, Lender may exercise its
rights uuder Section 9 aud pay such amount and Borrower shall then be obligated under Section ') to repay to Lender any such amount.
Lender may revoke the waiver as to any or all Escrow Items at allY 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 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 expenditures offuture 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, ifLen(kr is an institution whose deposits are so insured) orin any Federal Home Loan Bank. Lendcr shall apply the Funds to pay
the Escrow Items no later than the time specified under RESPA. Lender 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 chargc. 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 Bon'ower, without charge, an annual accounting of the Funds as
required by RESP A.
If there is a suq)lus of Funds held in cscrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in
accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required
by RESP A, and Borrower 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 13orrower as
required by RESPA, and Borrower shall pay to Lender the amount necessary to make up thc deficiency in accordance with RESP A, but in
no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lcnder shall promptly refund to 13orrower any Funds held by
Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessmcnts, charges, fines, and impositions attributable to the Pmperty which
can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association
Dues, Fees, and Assessmcnts, if any. To the cxtent 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 acccptable to Lender, but only so long as Borrowcr is performing such
agreement; (b) contests the lien in good tàith 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 proccedings are concluded; or (c)
secures fì'olll the holder of thc lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender
determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give
Borrower a notice identifying the lien. Within 10 days ofthc 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
connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected Oil the Property insured against
Joss by fire, hazards included within thc term "extended coverage," and any other hazards including, but not limited to, earthquakes and
!loods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deduclible levels) and for the
periods that Lender requires. What Lender requires pursuant to the prcceding sentences can change during the term of the Loan, The
insurance carrier providing the insurance shall be chosen by 13orrower 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 !lood zone determination, certification and tracking services; or (b) a one-time charge for tlood zonc determination and certification
services and subsequent charges each time remappings or similar changes occur which reasonably might affect sllch determination or
certification. Borrower shall also be responsible for the payment of any tèes imposed by thc Federal Emergcncy Management Agency in
connection with the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any ofthe coverages described above, Lender may obtain insurance coverage, at Lcnder's option and
Borrower's expense. Lender is under no obligation to purchasc 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 anel 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 coule! have obtained. Any amounts disbursed
WYOMING - Single Family - Fannie Mae/Freddie Mac UNtFORM INSTRUMENT
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by Lender under this Section 5 shall become additional debt of Borrower secured by this SecurilY Instrument. These amounts shall bear
interest at the Note rate fì'om the date of disbursement and shall be payable, with such inkrest, 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 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 certificates, If Lender requires, Borrower shall promptly give to Lender all receipts of paid
premiums and renewal notices. If Borrower obtains any fom) of insurance coverage, not otherwise required by Lender, for damage to, or
destruction o( 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. Lendcr may make proof of loss j I' not
made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the
underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is
economically feasible and 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 undertaken promptly. Lender may disburse proceeds flJr 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 out of the insurance proceeds and shall be
the sole obligation of Borrower. If thc restoration or repair is not economically fcasible or Lender's security would be lessened, the
insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or ¡wt then due, with the cxcess, 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 related matters. If
Borrower does not respond within 3D days to a notice fì'om Lender that the insurance carrier has offered to settle a claim, then Lender may
negotiate and settle the claim. The 3D-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) Borrower's rights to any insurance proceeds in an amount nut 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 Properly or to pay amounts unpaid under
the Note or this Security Instrument, whether or not then due.
6. Occupaucy, Borrower shall occupy, establish, and use the Property as Borrower's principal rcsidence 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 shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, J\1aintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair lhe
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. Unless 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 ¡¡'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 such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. Ifit has reasonable cause, Lender may
inspect the interior of the improvements on the Property. Lcnder shall give Borrower notice at the time of or prior to such an interior
inspection specifying such reasonable callse.
8, Borrower's Loan Application. Borrower shall be in default i( during the Loan application process, Borrower or any persons or
entities acting at the direction of Borrower or with Borrower's knowledgc or consent gave materially false, misleading, or inaccunlte
inj~1rmation or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. ¡v(aterial
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) BOITolVcl' 'ilils to perform
the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might signitìcanlly affcct Lcnder's
interest in the Property and/or rights under this Securily Instrument (such as a proceeding in bankruptcy, probate, for condemnation or
forfeiture, for enforcement of a lien which may attain priorily 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 appropri<lte to protect Lcnder's interest
in the Property and rights under this Security Instrument, including protecting and/or assessing thc value of thc Property, and securing
and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any surns 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, inclllding its secured position in a bankruptcy proceeding. Securing thc Property includes, but is not
limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drajnwater from pipes, eliminate
building or other code violations or dangerous conditions, and ha\'c utilities tnrned on or off. Although Lender may take action lindeI' this
Section 9, Lender does not have to do so and is not under any dllty ur ubligation to do so, It is agreed that Lender incllrs no liability for lIot
taking any or all actions authorized under this Section 9.
WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
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Borrower(s) Initials \
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Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security
Instrulnent. These amounts shall bear interest at the Note rate tì'om 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. Borrower shall not
sUlTendcr the kasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express
written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall
not merge unless Lender agrees to the merger in writing,
10. Mortgage Insllrance. 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 fvIortgage Insurance coverage required by Lender
ceases to be available fì·om the mortgage insurer that previously provided such insurance and Borrower was required to make separately
designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially èquivaient to the cost to Borrower of the
J\10rtgage Insurance previously in effect, tì'om an alternate mortgage insurer selected by Lender. If substantially equivalent JI.:!ortgage
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 coveragc ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve
in lieu of!vlortgage 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 lksignated paymcnts
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in etTecl, or to
provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insuranl~e ends in accordance with any wrillèn agreement
between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothi Ilg in this Section 10
affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not
repay the Loan as agreed. 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 satist~¡ctory 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 tì·om Mortgage Insurance
premiums).
As a reslllt 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 !vi ight be characterized as) a portion ofBoJTower'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 atììliate 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 often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other
terms of the Loan. Such agreements will not increase the amount Borrower will owe for 1\Iortgage Insurance, and they will not
entitle Borrower to any refund.
(b) Any such :1greements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under
the Homeowners Protection Act of ]998 or any other law. These rights may include the right to receive certain disclosures, to
request and obtain cancellation of the 1\'Iortgage Insurance. To have the Mortgage Insurance terminated automatically, and/or to
receive a refund of any Mortgage Insurance premiums that were unearned at the lime of such cancellation or termination.
] 1. Assignment of Mis cell an eo liS 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 sueh Property to ensure the 1I'0rk has been
completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such Miscellaneous Proceeds. Jfthe 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 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 fair 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 secul<;d by this Security
Instrument immediately betòre 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 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 vallie divided by (b) the fair
market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to 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 betòre th¡: partial laking, destruction, or loss in value is less than the amount of the sums secured immediately before lhe partial
WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Page 5 of 8
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taking, destruction, or loss in value, unless Borrower and Lender othtlwise agree in wriling, the Miscellaneous Proceeds shall be appli'2d to
thc sums secured by this Security Instrument whether or not the sums are then due.
Iflhe Property is abanclon.:cI by Borrower, or if, after notiœ by Lender to Borrower that the Opposing Party (as defined in the I"'xt
sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to L.:nder within 30 days aHer the date the nutlce
is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous
Proceeds or the party against whom Borrower has a right of action in regard to }'fiscellaneous Proceeds.
Borrower shall be in default ifany 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 Lèllder'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 arc hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Properly shall be applied in thc order provided tor in
Section 2.
12. Borrower Not Released; Forbearance By Lender Not a '''aiver. Extension of the time for payment or nwclification of
amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shal1
not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence
proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment l)r 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 ofpaymèllts
fron; third persons, entities or Successors in Interest of Borrower or in amounts less than the amount thcn cluc, 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 Round. 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 terms 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 provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this
Security Instrllment 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 agreès to such release
in writing. The covenants ancl agreements of this Security Instrument shall bind (excèpt as provided in Section 20) and bènelït the
successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performcd in connection with Borrower's default, for the
purpose of protecting Lender's interest in the Property and rights uncleI' this Security Instrument, including, hut not limited to, attorneys'
fees, property inspection and valuation fees. In regard to any other fees, the absence of express anthority in this Security Instrument to
charge a specitic 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 Jaw which sets maximum Joan charges, and that law is finally interpreted so that lhe interest or other loan
charges collected or to be collected in COllIlection with the Loan exceed the permitted limits, then: (a) any sllch loan charge shall he reduced
by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected [¡'om Borrowèr which exceèded
pennitred limits will be refunded to Borrower. Lender may clloose to make this refund by reducing the principal owed under the Nute 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 undcr the Note). Borrower's acceptancc 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 Borrower or Lender in connection with this Security Instrument must be in writing. Any notiCè to
Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by illst 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 Address 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 address, then Borrower shall only report a change ofacldrcss through that
specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lendcr
shall be given by delivering it or by mailing it by tirst class mail to Lender's address stated hei'ein unless Lender has designated another
address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have becn given to Lender
until actually received by Lender. If any notice required by this Security Instrument is also rcquired under Applicablc Law, the Applicable
Law rcqllirement will satisfy the corresponding requirement under this Security Instrument.
16. Governing Law; Severahility; Rules of Construction. This Security Instrument shall be governed by fec!cJ,l! law and the law
of the jurisdiction in which the Property is located, All rights and obligations contained in this Security Instrument arc subject to any
requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the Pilrtics 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
IDS, Inc. - (800) 554·1872
WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
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clause of this Secmity Instrument or the Note conflicts with Applicable law, such contlict shall not affect 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 thè plural and vice versa; and (c) the word "may" gives sole
discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shaJl be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section] 8, "Interest in thc Property" means
any legal or beneticial interest in the Propeli)', including, but not limited to, those beneficial interests transferred in a bond for deed, contract
for deed, instaJlment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a
pmchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natmal person and a
beneticial interest in Borrowcr is sold or transferred) without lender's prior written consent, Lender may reqnire immediate payment in full
of aJl sums sCl'ured by this Security Instrument. Hmvever, 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 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 Borrower 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) 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
termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that
Borrower: (a) pays Lender aJl sums which then would be due under this Security Instrument and the Note as ifno acceleration had occurred;
(b) cures any lkCault of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including,
but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the pU'1)ose of protecting
Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to
assure that I "ender'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 stuns and expenses in one or
more ofthe 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. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully
effective as ifno acceleration had occurred. However, this right to reinstate shaJl not apply in the case of acceleration under Section] 8.
20. Sale of Note; Change of Loan Service!"; 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 changc 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 Loan
ServiceI' unrelated to a sale of the Note. If there is a change of the loan ServiceI', Borrower will be given written notice oCthe change which
will state the name and address of the new Loan ServiceI', the address to which payments should be made and any other information RESP A
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan ServiceI' other
than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan ServiceI' or be transferred (0
a successor Loan Servicer 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 alleges that the other party has
breached any provision of, or any duty owed by reason of, this Security Instrument, until sllch Borrower or lender has notitìed the other
party (with such notice given in compliance with the requirements of Section ] 5) of such alleged breach and aITorded the other party hereto
a reasonable period after the giving ofsllch notice to take corrective action. If Applicable Law provides a time period which mllsl elapse
before certain action can be taken, that time period will be deemed to be reasonable for pl1Ivoses 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. Hazarclolls Snbstances. As used in this Section 2]: (a) "Hazardous Substances" arc those substances defìned as toxic or
hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or
toxic petroleum products, toxic pesticides and herbicides, volalile solvents, materials containing asbestos or tOllnaldehyde, and radioactive
materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety
or ènvironmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in
Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or othcrwise trigger an
Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to
release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property
(n) that is in violation of any Environmental Law, (b) which creates an Environmental Condilion, or (c) which, due to the pæsence, use, or
release of a Hazardous Substance, creates a condition that advèrsely affects the value of the Property. The preœding two sentences shall not
apply to the presence, LIse, or storage on the Property of small quantities of Hazardous Substances that are genendly recognizèd to be
WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Page 7 of 8
IDS, Inc. - (800) 554-1872
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appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, 118zarclous substances in consumer
products).
Borrower shall promptly give Lender written notice of (a) any investigation, cI;lim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which
Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or
threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substancc which
adversely affects the value of the Property. ¡fBorrower learns, or is notified by any governmental or regulatory authority, or any private
party, that any removal or other remed iation of any Hazardous Substance affecting the Property is necessary, Borrower shall pi'Omptly 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. Acceleration; Remedies. Lender shaH give notice to Borrower prior to acceleration following Borrower's hreach of an)'
covenant or agreement in this Security Instrumeut (but not prior to acceleration nuder Section 18 unless Applicahle Law provides
otherwise). The notice shall specify: (a) the default; (b) the aetion required to eure the default; (c) a date, not less than30 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 slims secured by this Security Instnllne!lt ,wd sale offhe Property. The
nolice shall fllrther inform Borrower lIf the right to reinstate after acceleration and the right to hring 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 !lot cllred on or hefore the date
specified in the notice, Lender at its option1l1ay require immediate payment in full of all sums secured by this Security Instrument
withont further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be
entitled to collect all expeuses incllrred in pursuing the remedies provided in this Section 22, inclnding, hnt not limited to,
reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall give nolice of intent to foreclose to Borrower and to the person in
possession of the Pmperty, if different, in accordance with Applicable Law. Lender shall give notice of the salt to Borrower in the
manner provided in Seclionl5. Lender shall publish the uotice ofsa]e, and the Property shall be sold in the manner prescrihed hy
Applieahle Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall he applied in the
following order: (a) to all expenses of the sale, including, hut not limited to, reasonable attorneys' fees; (h) to all sums secured by
this Security Instrument; and (c) any excess to the pel-son or perso!ls legally entitled toit.
23. Release. 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 un!y if the fee is
paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law.
24. '''aivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws ofìVyoming.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in tllis Security Instrument and in any
Rider executed by Borrower and recorded with it.
Witnesses:
AC¡¿~J.mj)~
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Ann \\I. 1\Iald
G>~~~lL
-Borrower
(Se~IIL
-Borrower
/JJask~
STATE OF\,i:VOMING,
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County 5S:
The foregoing instrument was acknowledged before me this ) ¡
Alan W. l\1aki, and Ann W. Maki.
Witness my hand and official seal.
My CommiSsto.ll E>;J?ir~s:
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WYOMINÌ3"ßillg,I,~féjmi y ~Fa¡'nie Mae/Freddie Mac UNtFORM INSTRUMENT
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Form 3051 1/01
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P'r: of ~"'Uoo 9, T36N R 119'11 of [he 6[h p. ~I li nco Ir. CeuOCï, 'II ¡001 log
~iIl~~ mor~ pl1rtic:.Órly d~'crib~d ~, fOllo',\I:;: ..
E'gi",ing". pein! which Ii" S as"J9'lB" 'II, 12,9311", from [he 1'<0¡¡,116[0 iron
pi ¡o<-bras, OJp COmer bccw"o Scc'ioû.S 9 and IOu f said D6N R 119 IV 'no 0' nnn,s
thc:1c:: N ~~'59'18' E, to70 feee to (jlt: West bank: of the Saje Rive:;
ch~nc~ souchward alon~ 3aid river bank rh~ following ÇOur~s:
(ht:nc:: ~.49430' WI 215 (~~t;
(ho n~: S 634301 WI 150 fee!;
rhenc-l: S 46 a W 280 feet;
rJlcr~:::: :) !J ·30' W j 430 (~t;
rhcn(:~: S 10·11' jO" W, 268.14 feel;
thc:nce S 06°30'00 WI 210 feet; .r
ch~nc~ S 01"OO'OO~ F, 14~. 71 fe~!;
thence N jr33'oo" WI 19:5 f~[;
thence S 31127' W, 1a6 fCCl;
chcnc:~ S 54°44'41' E, 210_62 f.:ct 10 Ihe WC'sc righC-o(-way line of a sixty fooe
roadway;
thc:nc~ .muthwescerly on a 210 foot ï.ldiu.q CUrv~ ;¡Ion¡r sa:d rillnc-of-way Il¡¡~.
97.67 (eet, (long chord b~an S 21 °55'53" W, 96.79 (ec=t);
rhencð S 117 °30' W, 203.27 f.:ct;
th~nc: N 23 Q24' WI 250 fr:c:{;
U1ence N 124 W 240 reet;
rh¡:nce no~hwcstt:rly along a 885 fooe radius cUrve: to {h~ ldt a distance: Q f 489.3
f~~t:
thcnc~ N 46·1!)·20~ E, 24.01 tÚt;
thence: N 42°27'10" E, 112.8 (r::c:t;
¡henCe I~rthcrly Itlung II j)),Q t'ooe raLlJus cUrv~ co [he: !err 402,28 (eee;
thence aJon¡¡ a 300 fooe radius Curve: (long chord N 12'34'04' E, 41:'5.36 f~ec) a
dLstaoce of 471.79 feet [0 the poincof bt:ginning.
1òis is a First Real Estate Mortgage recording concurrently
'nto a Second Real Estate Mortgage in favor of Bonk of Jackson
Hole, dated November 11, 2005, in toe original amouot of
$284,900.00.
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Loan Number: 0031645708
SECOND I-JOJ\1E RIDER
THIS SECOND HOJ'vfE RIDER is made this 11 th day of November, 2005, 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") whether there are one or more persons undersigned) to secure
Borrower's Note to
Bank of Jackson Hole
(the "Lender") of the same date and covering the Propcrty describèd in the Security Instrument (the "Property"), which is
located at:
588 McNeel Road
Alpine, WYOMING 83128
(Property Address)
In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further
covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and arc replaced by the following:
6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower's second home. Borrower
shall keep the Property available for Borrower's exclusive use and enjoyment at all times, and shall not subject the
Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires
Borrower either to rent the Property or give a management filln or any other person any control over the occupancy or
use of the Property.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave
materially false, misleading, or inaccurate intònnation or statements to Lenckr (or failed to provide Lenderwith material
intònnation) in connection with the Loan. Material representations include, but are not limited to, representations
concerning Borrower's occupancy of tile Property as Borrower's second home.
Y SIGNING BELOW, BOITower accepts and agrees to the terms and covenants contained in this Second
Rid. J. f1Î ~ (S"II
Alan 'V. MaId -Borrower
~LtL2J27£J&t
Ann W. Maid
(0eaIL
-Borrower
IDS, Inc. - (800) 554-1872
MULTISTATE SECOND HOME RIDER--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Page 1 of 1
Form 3890 1/01