HomeMy WebLinkAbout914679
RECL. \I....J 12/22/2005 at 4:'19 PM
RECEIVING # 914679
BOOK 608 PAGE: 113
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. WY
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AFTER RECORDING PLEASE RETURN TO:
FHHLC - POST CLOSING MAIL ROOM
1555 W. WALNUT HILL LN. #200 MC
IRVING, TX 75038
6712
I MORTGAGE
0056338288
THIS Iv!ORTGAGE is maùe this 16th day of December
BRENT R. BATTLESON & MANDY A. BATTLESON, Husband & Wife
2005
, between the Mortgagor,
(herein" Borrower"), and the Iv!ortgagee,
FIRST HORIZON HOME LOAN CORPORATION
existing umkr the laws of
THE STATE OF KANSAS
, a \':orporation organized amI
, whose address is
4000 Horizon Way, IRVING, TX 75063 (herein "Lender").
WHEREAS, Borrower is indebteù to Lender in the principal sum of U.S. $ 24,435.00 , which
indebtedness is evidenced by Borrower's llute dated Dec ember 16 th, 2005 and extensions amI renewals
tbereof (berein "Note"), providing tÙr monthly installments of principal a[\(l interest, with the balance of indebtedness, if nut SOUIJer
paid, due and payable on January 1st, 2021
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of a]J
other sums, with interest thereon, advanced in accordance herewith to prutect the security of tbis !vlortgage; and the perfÒnnance of
the covenants and agreements uf Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lemler, with
power of sale, the following described pruperty located in the County of Lincoln
State of Wyoming:
LOT 10 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY, WYOMING
AS DESCRIBED ON THE OFFICIAL PLAT THEREOF.
II
which has tbe address of 137 BRAMBLEBERRY DRIVE
STAR VALLEY RANCH [CilY], Wyorning
83127
¡Slreet] ,
¡Zip Cl)de] (herein "Property Address");
TOGETHER with a]J the improvements now or hereatìer erected on the property, and all easemellts, rights, appnrtenilnces and
rents, a]J of which shall be deemed to be and r.;main a part of the property covered by this !v!ortgage; and all of the for.;going,
together with said property (or the l.;asehuld estate if this !v!ortgage is on a leasehold) ar.; her.;inal1.;r rdt::ræd to as the" Property."
Borrow.;r covenants that Borrower is lawfully seised of th.; .;state h.;reby convey.;d and has th.; right to mortgag.;, grant and
conv.;y the Property, amI that the Property is l1nencl1l1lb.;red, .;xcept {)r en\,:ulllbrances of record, Borrower covenants that
Borrower warrants ami will delénd generally the titk to the Property against all daims and ckmamls, subject to encumbrances of
record.
LJNIFOR!v! COVENANTS. Borrow.;r and Ixnder covenant amI agr.;e as fullows:
1. Payment of Principal alld Interest. Borrower shall prolllptJy pay wh.;n due tb.; principal amI int.;rest indebt.;dness
evidenced by the Note and ]at.; charges as provided in the Note.
2. Funds for Taxes and Insurance. Subjed to applicahle law or a writkn waiwr by Lemler, !3orrO\wr shall pay to Lend.;r
on the clay monthly payments of principal ancl intereSl are payahl.; under the Note, until the Not.; is paid in full, a sum (herein
"Funds") equal to one-twdtih of the y.;arly taxes amI assessrnents (including com]ominiunl and planned unit development
assessments, if any) which Inay attain priority over this !v10rlgage and ground rents ou the Property, if any, plus oue-twdfth of
yearly prenlÌ\llll installments for hazard insurance, plus Olw-twdfth of yearly pr.;nlÌl1111 inslilllments It)!' mortgage insllnmce, if any,
all as reasonably estirnated initially am] from time to time hy Leuder ou the basis of assessments ami hills and reasonable estimates
thereof. Borrower shall not be ohligated to make such payments of Funds to L.;mkr to the exteut that Borrower Inakes s\lch
payments to the holekr of a prior mortgage or deed of trust if such lwlder is au institutional lender.
WYOMING - SECOND MORTGAGE - 1/80 - FNMAJFHLMC UNIFORM INSTRUMENT
Form 3851
~ -76(WY) (0308)
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If Borrower pays Funds to Lelllkr, the Funds shall be held iu an institution the deposits or acconnts of which are insured or
guaranteed by a federal or stal<: agency (incJucling Lender if Lendn is such an institution), Lender shall apply the Funds to pay said
taxes, assessrnents, inslnance premiums and ground rents. Lelllkr may not charge IÖr so holding and applying the Fnnds, analyzing
said accollllt or verit)'ing and compiling said assessments and hills, unless Lemler pays Borrower interest on the I~unds and
applicable law permits Lemler to make such a charge. Borrower amI Lender may agree in writing at the time of execution of this
Mortgage that interest on the Funds shall be paid to Borrower, and llIlless such agreement is mack or applicable Jaw requires such
interest to be paid, Lender shall not be re:quired to pay Burruwer any interest or eamings on the Funds. Lender shall give to
Borrower, without charge, an ilIlllllal accuunting of Ille Funds showing credits a!ld debits to the Funds amI the purpose JÖr which
each debit 10 the Funds was made. The Funds are pledged as additional security tèH the ::,ums secured by this 1\1urtgage.
11' Ihe: amount uf the Funds he:ld by Lemler, togc:ther wilh the future: monthly installJnents uf FLnlds payable prior to the due
dates of taxes, assessrnents, insurance pre:miums and ground rents, shall excee:d the arnounl recluired to pay said taxes, assessments,
insuranct;; premiums and ground rents as they lid I due, suel! eXCt;;SS shall be, at Burruwer's option, either promptly repaid to
Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lenckr shall not be
suftìcient to pay taxes, assessments, insurance premiums and ground renls as Ihey lidl due, Borrower shall pay to Lemkr any
anlount necessary to make up the deficiency in one or more payrnenls as Lemkr may require.
Upon payment in full of all sums secured by ilÜs Mortgage, Lender slJall promptly refund to Borrower any Funds held by
Lender. If under paragraph 17 hereof the Property is sold or the ProperlY is olherwise acquired by Lender. Lender shall apply, no
lata than illlJlledialely prior to Ihe sale of the Property or its acquisilion by Lender, any Funds held by Lemler al the ¡irne of
application as a credit againsl the Slllns secured by this JvIurtgage.
3. Application of Payments. Unless applicable law provides olherwise, all payments received by Lender under the Note amI
paragraphs and 2 hereof shall be applied by Lemler Ürsl in payment of anJOlllJls payable to Lender by Borrower unckr paragraph
2 hereof, then to interest payable on tile Note, ami then to the principal of the Nole.
4. Prior Mortgages and Dee(l'; of Trnst; Chargesj Liens. Burrower shall perform all of Borrower's obligations under any
mortgage, deed of trust or other security agreement wilh a lien which has priorily over this Mortgage, including Borrower's
covenants 10 make payments when due. Borrower shall payor cause to be paid an taxes, assessmenls amI other charges ,fines amI
impositious a!lrilJlllab1e to the Property which may a!lain a priority over ¡his Mortgage, and leasehold paymenls or ground rents, if
any.
5. Hazard Insurance. Borrower shan keep the improvements now existing or hereafter erected on the Prope:rty insured
agaiilSt loss hy I1re, hazards included wilhin the tenn "extended coverage," anel such other hazards as Lender may require and in
such amounts am! for such periods as Lender may require.
The insurance carrier providing the insurance shall be chosen by Borrower suhject to approval by Lemler; provided, thai such
approval shall !lot he unreasonably withheld. All insurance policies and renewals thereuf shall be in a tÖnn acceplabJe to Lemler
and shan include a standard mortgage clause in fi¡vur of and in a form acceplable to Lender. Lende:r shan have ¡he right to hold the
policies and renewals thereof, subject to the terms of any mortgage, deed of trusl or other security agreement with a lien which has
priority over this Mortgage.
In ¡he event of Joss, Borrower shall give prompt notice to the insurance carrier and Lender. Le:nckr may make prouf of loss if
not made promptly by Borruwer.
If the Property is abandoned by Borrower, or if Borrower ¡ilils to respond to Lender wilhin 30 days frum Ihe dale notice is
mailed by Lemler to Borrower that the insurance carrier offers to seitle a claim fÓr ill5urance bendits, L..~nder is authorized In
collect and apply the insurance proceeds at Lender's option either 10 restoration or repair of Ihe Property or to the sums secured by
this lVIortgage.
6. Preservation and Maintenance of Property; Leaseholdsj Condominiums; Plauned Unit Developments. Borrower
shall keep the Property in good repair and shall ¡JOt cOJllmil waste or permit impairment or deterioration of the Pruperty and shan
comply with the provisions of any lease if Ihis Mortgage is on a leasehold. If this Mortgage is on a unit in a condominiurn or a
planned unit development, Borrower shall perform all of Borrower's obligations under the de:cJaration or covenants creating or
govenÜng the condominium or planned unil developrnem, the by-laws amI regulations of Ihe com ominium or planned unil
development, and constituenl documents.
7. Protection of Leuder's Security. ]f Borrower Ü¡ils 10 per1Órm the coven;¡nts and agreenlC:lIls contained in this Mortgage,
or if any action or proceeding is commenced whichmalerially affects Lender's interest in thc Property, then Lemler, at Lc:nder's
option, upon notice to Borrower, rnay rnakc such appearances, disburse such slims, including reasonable attorneys' l'ees, aIKI take
such action as is necessary to proteC! Lender's interest. If Lender required lnortg,lge insurance as a condition of rnaking thc Joan
secured by this Mortgage, Borrower shall pay Ihe prerniums required to maintain such insurance in dI'ect until such lime as the
requirement tÒr SllCh insurance terminates in accordance with Borrower's and Lemler's written agree:ment or applicable law.
Any amounls disbursed hy Lender pursuant 10 this paragraph 7, wilh interest thereon, at the Note rate, shall become additional
indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lemler agree 10 olher terms of payment, such arnounls
shall be payable upon notice from Lender 10 Borrower requesting paymem thereof. Nothing contaiœd in this paragraph 7 shall
require Lender to incur any expense or take any action hereunder.
8. Inspection. Lender may make or cause 10 be rnade reasonable entries upon and inspections of ¡he Pruperty, provided that
Lender shall give Borrower notice prior to any such inspection spe:cit)'ing re:asonahle cause therefor rela!ed to Lender's inleresl in
the Property.
9. Condemnation. The proceeds of any award or claim tè)r chunages, direc! or consequenrial, in connection wilh any
condenmillion or other laking of the Property, or part Ihereof, or Jè)r conveyance in lieu of condemnalion, are hereby assigned and
shall be paid to Lemkr, suhject IU the terms of any mortgage, deed of trust or other security agreement with a lien which has
priority over this Mortgage.
10. Borrower Not Releasedj Forbearance By Lender Not a Waiver. Extension of the lime: for payment or rnodification of
amortization of the sums secured hy this tvIurtgage granted by Lender to any successor in interesl of Borrower shall not operate to
release, in any manner, the iability of the original Borrower and Borrower's successors in interest. Lemler shall not he required to
comnH::nce proceedings againsl such successor or refuse 10 c:xtend lime: for payment or otherwise modify arnortization of the sums
secured by this Mortgage by re:ason uf any demand made hy the original Borrower and Borrower's successors in inlerest. Any
lè>rbearance by Lender in exercising any righl or remedy hereunder, or otherwise afforded by app]jcable law, sha]] not be a waiver
of or preclude the exercise of any such right or remedy.
0056338288
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J 1. Successors aud AssigllS Bound; Joint and Several Liability; Co-sigllers. The covelwlts and agreements hen:in
conlained shall hiud, and the rights hereunder shall i11ure to, lhe respective successnrs and assigns of Lender and Borrower, subject
(0 the provisions of paragraph 16 llerenf. All covenants ami agreements of Borrower shall be joint and several. Any Borrower who
co-signs Ihis l'vlortgage, but does not execute the Note, (a) j, c:o-signing Ihis Mortgage only to rnortgage, grant and convey that
Borrower's interest in the ProperlY 10 Lemler umkr (he krms of this I'vlorlgage, (b) is not personally liabk on the Note or llJlder
this J'vlortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to exteml, modi/)', forbear, or make any
other accommodatio!1S with regard to Ihe lenns of this I'vlortgage or tile Note wilhuut that Borrower's consent and \vithout reJeasing
tllilt Borrower or moddying this Mortgage as 10 that Borrower's interest in the ProperlY.
J2. Notice. Except t~}(· any nOlice required umler applicabk law to be given in another manner, (a) any notice to Borrower
provided jÜr in this Mortgage shaH be given by delivering it or by mailing sucllnotice by certified mail addressed to Borrower at
the Property Address or at such other address as Borrower may designate by 110tice to Lender as provided herein, amI (11) any
notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lemler may designate
by notice to Borrower as provided herein. Any notice provided tÒr in tllis J'vforrgage shaH be deerned to have been given tn
Borrower or Lender when give11 in the manner designated her.:in.
13. Governing Law; Severability. The state and local laws applicabl.: to this MOrlgag.: shall be the Jaws of the jurisdiction in
which th.: Prop.:rty is locat.:d. The foregoing sentence shall not limit the applicability of federal Jaw to this l''vlortgag.:. In tll.: .:vent
that any provision or claus.: of this Mortgage or the Note conllius with applicable law, such contlict shall not aff.:ct other
provisions of this .tvlortgage or the Note which can b.: given effect without the conflicting provision, and to this end the provisions
of this Mortgage and the Not.: are declared to be severable. As used her.:in, "costs," "expeIL~es" ami "attorn.:ys' J'e.;s" includ.: aJJ
stnns to the extent not prohibir.:d by applicable law or limikd herein.
14. Borrower's Copy. Borrower shall b.: furnish.:d a cuntÒrmed copy of th.: Not.: and of this !vlortgag.: at th.: lim.: of
execution or aft.:r recordation hereof.
IS. Rehabilitation Loan Agreement. BO!TOWIoT shaJJ fultill all of Borrower's obligations und.:r any home r.:]¡abilitation,
improvernent, repair, or other loan agreement which Borrower enters into wil ¡ Lemkr. Lender, at Ltnd.:r's option, Illay rec¡uir.:
Borrower to execute and deliver to L.:nder, in a JiJrln acceplable to Lemler, an assignm.:nt of any rights, claims or defenses which
Borrower may have against parties who supp]y labor, mat.:rials or s.:rvices in connection with irnprowIllents made to th.: Property.
16. Transfer of the Property or a Beneficial Interest in Borrower. jf all or any part of ¡he Prop.:rty or any interest in it is
soJd or transterred (or if a beneticial interest in Borrower is sold or transferred and Borrower is not a natural p.:rson) without
Lenckr's prior wrilt.:n consent, Lemler may, at its option, require inllnediar.: payment in full of all surns secured by this ìvlorlgage.
Howewr, this option shall not b.: .:xercised by Lemkr if exercise is prohibited by fed.:ral Jaw as of the date of this Ivlortgage.
Jf LellCkr exercises this option, L.:nder shall give Borrower notice of acceleralion, The notice shaH provid.: a period of not kss
than 30 days hom the dar.: the notice is delivered or mailed within which Borrow.:r must pay all sums s.:cured by this l'vlortgage. If
Borrower fails to pay these sums prior to the expiration of this peri()d, Lender nl,IY invoke any remedies permitted by this
lvfortgage without further notic.: or demaml on Borrower.
NON-UNIFORM COVENANTS. Borrower and L.:mler furrher cownant and agree as follows:
17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's hreach of any covenant or
ag,-eement of Borrower in this Mortgage, including the covenants to pay when dne any sums secllred by this J\'iortgage,
Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the hreach;
(2) the action required to cnre sllch breach; (3) a date, not less than JO days from the date the notice is mailed to Borrower,
by which sllch breach mnst he cnred; and (4) that failnre to cure snch breach on or hefore the date specified in the notice
may resnlt in acceleration of the smns secnred by this Mortgage. The notice shall further inform Borrower of the right to
reinstate after acceleration and the right to bring a conrt action to assert the nonexistence of a default or any other defense
of Borrower to acceleration and sale. If the breach is not cnred on or before the date specified in the notice, Lender, at
Lender's option, may declare all of the sums secured by this Mortgage to be immediately dne and payable withollt further
demand and may invoke the power of sale aIHI any other remedies permitted hy applicable law. Lender shall be entitled to
collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph J 7, including, bnt
not limited to, reasonable attorneys' fees.
If Lender invokes the power of sale, Lender shall give notiœ of intent to foreclose to Borrower and to the person in
possession of the Property, if different, in accordance with applicahle la\\'. Lender shall mail a copy of a notice of the sale to
Borrower in the manner provided in paragraph 12 hereof. Lender shall pnblish the notiœ of sale and the Property shall be
sold in the manner prescrihed by applicable law. Lender or Lender's designee may purchase the Property at any sale. The
proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, inelnding,
but not limited to, reasonable attorneys fees and costs of title evidence; (b) to all slims secnred by this Mortgage; and (c)
the excess, if any, to the person or persons legally entitled thereto.
18. Borrower's Right to Reinstate. NOlwithstanding Lender's acceleration of the sums secured by this l'vlortgage due to
Borrower's br.:ach, Borrower shall have the right to have any proceedings begun by Lencler to ent(nce this I'vfortgage discontinued
at any time prior to tht tarlier to occur of (i) the tiJth day bdÖre sale of Ih.: Properly pursuant to th.: power of sale contained in this
Mortgage or (ii) eutry of a judgment entÌJrcing this Mortgag.: if: (a) Borrower pays LeuckI' all SlUIlS which would be then due
unckr this Mortgag.: ancl the Note had no acceleration occulT.:d; (b) Borrower cures aH hreaches of any other covenants or
agr.:em.:nts of Borrower contain.:d in this Mortgag.:; (c) Borrower pays all œasonabk expenses incurred by L.:nder in enforcing th.:
cov.:nall!S and agreements of Borrower contained in this .tvlortgage, and in enl()fcing Lemkr's remedies as provided in paragraph
17 hereof, including, but not ¡¡mittd (0, reasonabl.: attorneys' fees; and (d) Borrow.:T ta]œs such action as L.:ncler may reasonably
require to assure that t]¡e lien of this Mortgage, Lender's interest in the Propert)' ami Borrower's obligatioll to pay th.: sums s.:cured
by this Mortgage shall continue unimpair.:d. Upon such paymenr and cure by Borrower, this l'vlortgage and th.: obligations secured
h.:rehy shall r.:main iu fuB t()rce and efTect as if no accekration had occurred.
19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As addilional security hereunder, Borrower
hereby assigns to Lelllkr th.: rents of the Prop.:rty, provided (hat Borrow.:r shall, prior to acceleration und.:r paragraph 17 hereof or
abandolUlJent of the Property, haw the right to collect and n:talll such rents as they become due and payable.
0056338288
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Upon acœleration under paragraph 17 hereof or ahanduJUnem of the Property, and at any time prior to the expiration of any
period of redernptioll following judicial sale, Lender, in persun, by agent or by judicially appointed receiver, shall he entitled to
enter upon, takt posstssiol1 uf and manage t11t:: Proptrty and to colkct tht rents of the Property including those past due. All rents
colkcted hy Lemkr or tht:: receiver shall be applied Jirst to payment of the costs of managemtnt of the Property and collection of
rents, including, hut not limittd to, rectiver's f¡;tS, prerniulJ1s on receiver's bonds and rtasollablt allomeys' fets, and then to the
SIlins secured by this Mortgage. Lemler amI the receiver shall be Jiable to account only for those rents actually received.
20. Release. Upon payment of all sums secured by this lv ortgage, Lender shall release this Mortgage without charge to
Borruwer. Borrower shall pay all costs of recordation, if any.
21. \Vaiver of Homestead. Borrower hertby waives all right of hOlllestead exemption in the Property.
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
J\lORTGAGES OR DEEDS OF TRUST
Borrower and Lenckr request he Iwlder of any mortgage, deed of trust or other encumbrance wilh a lien which has prioriry
over this Mortgage to give Notice to Lender, at Lender's addn;ss set t(¡rth on page one of tlÜs !vlortgage, of any deLn¡ ¡ undtr the
superior encumhranœ amI of any sak or other f() 'ec]osure action.
IN \VITNESS \VHEREO::;WW" In" """red II';, MOd'''"'; 'I' ) t)
)flnJ -£&~l!ì"C'6 .~-- - (Seal) CIÍ ¡!if;:;:{r;;A:< fJ£k/ild;!·n
BRENT R. BATTLESON -Borrower Y A. BATTLESON
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COllnty ss:
Tht fortgoillg illstrument was acknow]edgtd bel()re me this
by
BRENT R. BATTLESON & MANDY A. BATTLESON
Residing in Jefferson County
1\ly Commission Expires: Commission Expires: 07-17-09
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Notary Public
0056338288
$ -76(WY) (0308)
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Page4of4
Form 3851
State of Idaho
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County of Jefferson
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On this ~ day of .J)(Cê('üh~L, 2005 before me --¥clhi'.~\I\.i~,~-dŒc'b a notary public in and for said
State, personally appeared Brent R. Battleson and Mandy A. Banleson known or identified to me to be the persons
whose nalJs ar\SUbSC1 ¡bed to the wIthin instlument, and acknoll ¡edged to me that they executed the same.
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Notary Public
Residing at: Residing In Jefferson County
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PLANNED UNIT DEVELOPMENT RIDER
THIS PLANNED UNIT DEVELOPMENT RIDER is made this 16th efayof
Dee ember, 2005 , and is incorporated into and shall be
deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (tile
"Security Instrument") of the same efate, given by the undersigned (the "Borrower") to
secure Borrower's Note to
FIRST HORIZON HOME LOAN CORPORATION
(the "Lenefer") of ttìe same date and covering the Property described in the Security
Instrument and located at:
137 BRAMBLEBERRY DRIVE, STAR VALLEY RANCH, Wyoming 83127
[Property Address]
The Property includes, but is not limited to, a parcel of land improved with a dwelling,
together with other such parcels and certain common areas and facilities, as described in
(the "Declaration"). The Property is a part of a plannee unit development known as
STAR VALLEY RANCH ASSOCIATION
[Name of Planned Unit Development]
(the "PUD"). The Property also includes Borrower's interest in the homeowners association
or equivalent entity owning or managing the common areas and facilities of ttle PUD (the
"Owners Association") aneJ the uses, benefits ami proceeds of Borrower's interest.
PUD COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the
PUD's Constituent Documents. The "Constituent Documents" are the: (i) Declaration; (ii)
articles of incorporation, trust instrument or any equivalent document whicll creates ttle
Owners Association; and (iii) any by-laws or other rules or regulations of the Owners
Association. Borrower shall promptly pay, wilen due, all dues and assessments imposed
pursuant to ttle Constituent Documents.
0056338288
MUL TISTATE PUD RIDER - Single Family/Second Mortgage
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B. Hazard Insurance. So long as the Owners Association maintains, with a generally
accepted insurance carrier, a "master" or "blanket" policy insuring ttle Property whicll is
satisfactory to Lender and which provides insurance coverage in the amounts (inclucJing
deductible levels), for the perioc s, and against loss by fire, hazarcJs included within ttle term
"extended coverage," and any other f1azards, including, but not limited to, earthquakes and
floods, for which Lender requires insurance, then: (i) Lender waives the provision in
Uniform Covenant 2 for the montt11y payment to Lender of ttle yearly premium installments
for tlazard insurance on ttle Property; and (ii) Borrower's obligation under Uniform
Covenant 5 to maintain hazard insurance coverage on the Property is deemed satisfied to
the extent that the required coverage is provided by the Owners Association policy.
WIlat Lender requires as a condition of this waiver can change during ttle term of tl1e
loan.
Borrower shall give Lender prompt notice of any lapse in required Ilazard insurance
coverage provided by the master or blanket policy.
In the event of a distribution of hazard insurance proceeds in lieu of restoration or
repair following a loss to the Property, or to common areas and facilities of the PUD, any
proceecJs payable to Borrower are hereby assigned and shall be paid to Lender. Lender
shall apply the proceeds to the sums secured by the Security Instrument, whether or not
then due, with the excess, if any, paid to Borrower.
C. Public Liability Insurance. Borrower shall take such actions as may be reasonable
to insure that the Owners Association maintains a put)lic liability insurance policy
acceptable in form, amount, and extent of coverage to Lender.
D. Condemnation. The proceeds of any award or claim for damages, direct or
consequential, payable to Borrower in connection with any condemnation or other taking of
all or any part of tt1e Property or the common areas and facilities of the PUD, or for any
conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such
proceeds sllall be applied by Lender to the sums secured by tt1e Security Instrument as
provided in Uniform Covenant 9.
E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with
Lender's prior written consent, either partition or subdivide tt1e Property or consent to: (i)
the abandollment or termination of the PUD, except for abandonment or termination
required by law in the case of substantial destruction by fire or other casualty or in tile case
of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the
"Constituent Documents" if tt18 provision is for tl1e express benefit of Lender; (iii)
termination of professional management and assumption of self-management of tt18
Owners Association; or (iv) any action which would Ilave the effect of rendering the public
liability insurance coverage maintained by the Owners Association unaccePtable~~Lender.
Initials (_~f5 "\~]
~ -207R (0411) Page 2 of 3 3/99
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F. Remedies. if Borrower does not pay PUD (fues ami assessments when due, !llen
Lender may pay !llem. Any amounts disl)ursed by Lender under tllis paragraph F sl1all
become additional debt of Borrower secured by the Security Instrument. Unless Borrower
and Lender agree to otller terms of payment, these amounts shall bear interest from the
date of disbursement at tile Note rate and shall be payable, with interest, upon notice from
Lender to Borrower requesting payment.
BY SIGNING BELOW, Borrower accepts and
ph this p~r ? . I
¡nrrlì í ~~h'Jk~_ (Seal)
~;. BATTLESON -Borrower
agrees to the terms and covenants contained
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MA Y A. BATTLES ON -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
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-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
0056338288
G-207R (0411)
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Page 3 of 3
3/99
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BALLOON PA Yl\JENT RIDER
TO THE SECUIUTY INSTH. Ul\IENT
ßurn)\\'c:r Nallle:: BRENT R. BATTLES ON & MANDY A. BATTLESON
Pn)ptrly.A.ddrc:ss: 137 BRAlv1BLEBERRY DRIVE
STAR VALLEY RANCH, WY 83127
Loan NlImbc:r: 0056338288
TilE TERIvIS OF T[[E LOAN CONTAIN PROVISIONS W[[ICH WILL REQLlIRE A BALLOON PA'{l'vIENT
AT IvfATLln.nY.
TIlE AlvIORTIZATJON OF PJ<INCIPAL AND INTEI<EST IS ß.\SUJ ON A 30 YEi\R FACTOR AND
WOULD AIvIORTIZE THE PRINCIPAL LOAN ON A 30 YEAR SCHEDULE, BUT SINCE 'filE FULL
ßALANCE IS PA Y AßLE IN 180 !v[ONTHS, A B\LLOON PA Y1'\IENT OF $ 19,184.87 WILL
BE REQUllUòD ON January 1st ,2021
Th<: Il¡¡m is payable: in full at the end of 15 years. YOll musl repay tlie entire principal halallce of the
Joan ami the lInpaid interest ¡hen dlle. The: lendc:r iSllnder IIU ohlig~¡[iun to rdÏllancc: the loan al that tilnt. YOll
will, therefore, he rtl}lIired to Jlwkt payment Ollt of other assets YOll lIIay own, l)r YOll will have [0 Jìllll a ]e:nder
willing to kml YOll lhc: 1II0ne:y al rhe: prevailing market rate, whicll lIIay he: considemhly higher or Jower lhall ¡he
rale Oll ¡his ¡['ail.
J I you reIÏn¡¡ncc: this loall ar matllfilY, YOll milY Ila\'e: lu pay sonle or all closing custs JIlJllllally associated wi(h a
llt\\' IU~ln, evc:n if you obtain refjllaucillg frOll1 tht S¡¡llle lender.
1/\Ve htreby acknowledgt receipt uf Ihe ahove nurict relarillg [<) the ballom) paYllltnl p [JVisioll of (his loan, whic:h
~¡¡!e alsu heen eXP,J¡lined to mc:lus. (
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f-BRENT R. BATTLESON -H,rrlt)II'''' HANDY A. BAT1~LESOIT -H,rrTO\\'çl
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0056338288
RIDER TO DEED OF TRUST/MORTGAGE/SECURITY DEED
Date:
12/16/2005
The escrow of taxes and insurance required in Paragraph 2 of your DEED OF
TRUST/MORTGAGE/SECURITY DEED to
FIRST HORIZON HOME LOAN CORPORATION
is hereby waived aml you are notified [hat you are not required to deposit with
FIRST HORIZON HOME LOAN CORPORATION
any of the amounts set forth in said paragraph, provided:
(a) Escrows for future taxes and insurance premiums are being collected and maintained by
the holder or serviceI' of the mortgage loan superior to our lien; or
(b) If you pay your own taxes and insurance premiums, you fuJtíll your obligation to keep
taxes and insurance premiums CUITClH with respect to the property secured hereby.
This waiver does not, in any way, release you from your obligation ro ¡nake escrow payments of taxes
and insurance to the holder of any prior mortgage, nor does it relieve you of your obligation to keep
taxes and insurance premiums current with respect to the secured property.
All payments will be applied first to the accrued interest and next 10 the unpaid principal of your loan.
The exact amount of your final payment, finance charge, and to[,d of payments will be somewhat more
or less than the amounts shown if we do not receive each payment on the scheduled payment date.
RECEIPT ACKNOWLEDGED:
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I7Jft:ln J!J OI'J/r>50J (1/'\l.eNJ/2::jfJj!).F7/I_~/
RENT R. BATTLESON ~. &TTLESON
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2nd Rider
Cß6D082 Revised 8/01