HomeMy WebLinkAbout923948
:...,.,>/
Loan No: 3001040792
Borrower: DOUGLAS L. HARTMANN
~-- (¡)
Data ill: 272
RECEIVED 10/31/2006 at 3:46 PM
RECEIVING # 923948
BOOK: 638 PAGE: 733
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Return to: AEGIS WHOLESALE CORPORATION
ATIENTION: LOAN SHIPPING
3010 BRIARPARK DRIVE. #700
HOUSTON, TX 77042
[Space Above This Une For Recorämg Data)
MORTGAGE
MIN: 100053030010407923
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 10, 12, 17, 19, and 20. Certain rules regarding the usage of words used in this document
are also provided in Section 15.
(A) "Security Instrument" means this document, which is dated October 27, 2006, together with all
Rider.¡ to this document.
(B) "Borrower" is DOUGLAS L. HARTMANN , A MARRIED MAN . Borrower is the mortgagor
under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Ine. MERS is a separate corporation that
is acting solely as a nominee for Lender and Lender's successor.¡ and assigns. MERS is the mortgagee
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has
an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is AEGIS WHOLESALE CORPORATION. Lender is, A CORPORATION organized
and existing under the laws of the State of DElAWARE. Lender's address is 3010 BRIARPARK
DRIVE, SUITE 700, HOUSTON, TEXAS 77042
(E) "Note" means the promissory note signed by Borrower and dated October 27, 2006. The Note
states that Borrower owes Lender THlR1Y-FIVE THOUSAND and NO/l00-----Dollars
(U.S. $ 35,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments
and to pay the debt in full not later than November 1, 2021.
(F) "Property" means the property that is described below under the heading "Th1nsfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest.
I
(H) "Riders" means all Rider.¡ to this Security Instrument that are executed by Borrower. The following
Rider.¡ are to be executed by Borrower:
1-4 Family Rider attached hereto.
WYOMING SECURITY INSTRUMENT (Second Uen-Non-Assumable)
o 2006 Mlddleberg, RIddle & Ol.nn. 2J08 (Page 1 of 11 Pages)
/111111111111111111111111111111111111 111111111111111111111111111111 1111111111111
30010407920130
~~~:mî~m[ij
·.__u_..._._. .~.~.. .___....._ .._
....-.~.~,_...
....&.-~~-~.........,,-~-~ ~.~.,
. ~ m "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
09~39L'U:.dinances and administrative rules and orders (that have the effect of law) as well as all applicable
final, non-appealable judicial opinions. 000734
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments, and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners'
association, or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial instit1,1tion to
debit or credit an account. Such term includes without limitation point-of-sale transfers, automated
teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "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 of, the Property; (ü) condemnation or other taking of all or any part of
the Property; (ill) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as
to, the value and/or condition of the Property.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under
the Note, plus (ü) any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S,C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.ER. Part 35(0), as they might be amended from time to
time, or any additional 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 Interest of Borrower" 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 IN THE PROPERlY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions,
and modifications of the Note; and (ü) the performance of Borrower's covenants and agreements under
this Security Instrument and the Note. For this purpose, Borrower hereby does mortgage, grant, and
convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the
successors and assigns of MERS, with power of sale, the following descnl>ed property located in the
County of LINCOLN:
THE NORTH 24 FEET OF LOT 6 AND ALL OF LOT 5 OF BLOCK 66 OF THE SECOND
ADDmON TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRffiED
ON THE OFFICIAL PLAT THEREOF, TOGETHER WITH ALL BUILDINGS, IMPROVEMENTS
AND APPURTENANCES THEREON SITUATE OR IN ANYWISE APPERTAINING THERETO.
NG SECURITY INSTRUMENT (S ':::)~'::::::::::!::::: Lien-Non-Assumable)
ìj. Ltlll·tl.,...t...~.r,
ddleberg, Riddle & Glanna ="J 2/06
/¡]~~
(Page 2 of 11 Pâgíis)
:::::~~~::~
~:~:?:~.:~:::::~:;~
Loan No: 3001040792
Data ill: 272
0923~/lb
which currently has the address of 1213 BEECH STREET,
(Street)
000735
KEMMERER, WYOMING
(city)
83101
(Zip Code)
("Property Address"):
TOGETIiER 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. Al) replacements and
additions also shall be covered by this Security Instrument All of the foregoing is referred to in this
Security Instrument as the ·Property.· Borrower understands and agrees that MERS holds only legal
title to the interests granted by Borrower in this Security Instrument, but, if necessary to comPly with
law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to
exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the
Property; and to take any action required of Lender including, but not limited to, releasing and
canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and
has the right to mortgage, grant, and convey the Property and that the Property is unencumbered,
except for encumbrances of record. Borrower warrants and will defend generally the title to the
Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-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, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower also shall pay funds for Escrow
Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made
in U.S. currency. However, if any check or other 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 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 14. Lender may return any payment or partial payment if the payment or partial payment is
insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient
to bring the Loan current without waiver of any rights hereunder or prejudice to its rights to refuse
such payment or partial payments in the future, but Lender is not obligated to apply such payment at
the time such payment is accepted. If each Periodic Payment is applied as of its scheduled due date,
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. If not applied earlier,
such funds will be applied to the outstanding principal balance under the Note immediately prior to
foreclosure. No offset or claim that Borrower might have now or in the future against Lender shall
relieve Borrower from making payments due under the Note and this Security Instrument or performing
the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such
payments shall be applied to each Periodic Payment in the order in which it became due. Any
remaining amounts shall be applied first to late charges, second to any other amounts due under this
Security Instrument, and, finally, to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment that 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 shall be applied first to any prepayment charges and then as described in the
Note.
...
WYOMING SECURITY INSTRUMENT (Second Lien-Non-Assumable)
o 2006 Mlddleberg, Riddle " Glanna 2/06 (Page 3 of 11 Pages)
09ZJ9,t~) Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due
under the Note shall not extend or postpone the due date or change the amount of the Periodic000736
Payments.
3. Funds for Escrow Items. Unless waived in writing by Lender or prohibited by Applicable Law,
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
assessments and other items that may 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; and (c)
premiums for any and all insurance required by Lender under Section 5. 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 s~h dues,
fees, and assessments shall be an Escrow Item. Borrower promptly shall furnish to Lender all' notices
of amounts to be paid under this Section 3. 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
Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish 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 fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section
9 and pay such amount 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 all Escrow Items at any time by a notice
given in accordance with Section 14 and, upon such revocation, Borrower shall pay to Lender all Funds
and in such amounts that are then required under this Section 3.
Lender at any time may 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 may require under RESP A Lender shall estimate the amount of Funds due on the basis of
current data and reasonable estimates of expenditures of future Escrow Items or otheIWise in
accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured)
or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later
than the time specified under RESP A Lender 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
may agree in writing, however, that interest shall be paid on the Funds, Lender shall give to Borrower,
without charge, an annual accounting of the Funds as required by RESP A
If there is a surplus of Funds held in escrow, as defined under RESP A, 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 RESPA, 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 Borrower as required by RESP A, and Borrower shall pay to Lender the
amount necessary to make up the deficiency in accordance with RESP A, but in no more than 12
monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly
refund to Borrower any Funds held by Lender.
4. Prior Mortgages and Deeds of Trust; Charges; Uens. Borrower shall perform all of
Borrower's obligations under any mortgage, deed of trust, or other security agreement with a lien that
has priority over this Security Instrument, including without limitation Borrower's covenants to make
payments when due.
Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
Property that may attain priority over this Security Instrument, leasehold payments or ground rents on
the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent
that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
::::~1i;':~::~:~j~!¡l ,',
Lien-Nan-Assumable)
2/06
¡;;lIj;~11~!~;;;~;}ií~
(Page 4 of if "Pages)
~~::j~:~:~::~;:;:*3
~~~;~:ij'~: ~.;~:~;, ~;~
:~~~:::~:::~::
I··'······{I.··""··,<··
.I. .j,·,',~b','.\'
,j~~~0~
Loan No: 3001040792
Data 10: 272
000731
092394S
Borrower shall promptly discharge any lien not approved by Lender that 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
that in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are
pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender
determines that any part of the Property is subject to a lien that may attain priority over this Security
Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the Aate 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.
To the extent permitted by Applicable Law, 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 the
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 without limitation 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 may 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. To the extent permitted by Applicable Law, Lender may require Borrower to pay in
connection with this Loan either: (a) a one-time charge for flood zone determination, certification, and
tracking services; or (b) a one-time charge for flood zone determination and certification services and
subsequent charges each time remappings or similar changes occur that reasonably might affect such
determination or certification. To the extent permitted by Applicable Law, Borrower also shall 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 reñewals 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 promptly shall give to Lender all
receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage,
not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall
include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss
payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and, in the
manner required by Section 14, Lender. Lender may make proof of loss if not made promptly by
Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether
or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the
Property, ü 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 opponunity to inspect the Property to ensure the work has been completed
to Lender's satisfaction, provided that such 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 out 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 sums secured by this Security Instrument,
whether or not then due, with the excess, ü any, paid to Borrower. Such insurance proceeds shall be
applied in the order provided for in Section 2.
WYOMING SECURITY INSTRUMENT (Second Lien-Nan-Assumable)
tþ 2006 Mlddleberg, Riddle .. Glanna 2/06 (Page 5 of 11 Pages)
O~2J94:8
If Borrower abandons the Property, Lender may file, negotiate, and settle any available insuran9{
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender thU00738
the insurance carrier has offered to settle a claim, Lender may negotiate and settle the claim. The 30-
day period shall 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 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 ptïncipal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy
the Property as Borrower's principal residence for at least one year after the date of occupancy, unless
Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless
extenuating circumstances exist that are beyond Borrower's control.
7. Preservation, Maintenance, and Protection of the Property; Inspections. Borrower shall not
destroy, damage, or impair the Property, allow the Property to deteriorate, or commit waste on the
Property. 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 promptly shall 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 such repair or
restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall
give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable
cause.
8. BOlTOwer's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to
Lender (or failed to provide Lender with material information) in connection with the Loan. Material
representations include without limitation 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 InstrumenL
If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument,
(b) there is a legal proceeding that significantly might 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 that may attain priority over this Security Instrument, or to
enforce laws or regulations), or (c) Borrower has abandoned the Property, 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 without limitation protecting and/or assessing the value of the Property,
and securing and/or repairing the Property. Lender's actions may include without limitation: (a) paying
any sums secured by a lien that has priority over this Security Instrument; (b) appearing in court; and
(c) paying reasonable attorneys' fees to protect Lender's interest in the Property andlor rights under
this Security Instrument, including without limitation Lender's secured position in a bankruptcy
proceeding. Securing the Property includes without limitation 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. Borrower and Lender agree 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.
G SECURIlY INSTRUMENT (S~::::::¡:¡*::::::::::¡Lien-Non-Assumable)
'ddleberg, Riddle .. Glanna ~.:~.}:,:.:~~,:::, 2/06
¡~;~~!~~~!éijifJ!{,:;}
{Page 6 of ¡:O:iâgesf
::::::f:~[.f:::;:::::;::
::::~:i~;:;;::~:::,¡
Loan No: 3001040792
Data ID: 272
000739
O~23~lt~~
IT 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 Lender agrees to the merger in writing.
10. Assignment of Miscellaneous Proceeds; Foñeiture. All Miscellaneous Proceeds hereby are
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 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. IT the restoration or repair is not
economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to 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 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 amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to
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 Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument whether or not the sums are then due.
IT the Property is abandoned by Borrower, or, if after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is
authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the
Property or to the sums secured by this Security Instrument, whether or not then due. .Opposing
Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom
Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if, any action or proceeding, whether civil or criminal, is begun that,
in Lender's judgment, could result in forfeiture of the Property or other material impairment of
Lender's interest in the Property or rights under this Security Instrument. Borrower may cure such a
default and, if acceleration has occurred, reinstate as provided in Section 18, 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 hereby are assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
11. BolTOWer Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by
Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability
of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence
proceedings against any Successor in Interest of 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.
WYOMING SECURITY INSTRUMENT (Second Lien-Nan-Assumable)
~ 2006 Mlddleberg, Riddle Ie Glanna 2/06 (Page 7 of 11 Pages)
192:]948
12. 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 000740
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 may 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 17, 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 ~eleased
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 19) and benefit the successors and assigns of Lender.
13. 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, inc1uding without limitation attorneys' fees, property inspection fees, 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 that sets maximum loan charges and that law finally is interpreted
so that the interest or other loan charges collected or to be collected in connection with the Loan
exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary
to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower that
exceeded permitted limits shall be refunded to Borrower. Lender may choose to make this refund by
reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund
reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge
(regardless of whether the Note provides for a prepayment charge). Borrower's acceptance of any such
refund made by direct payment to Borrower shall constitute a waiver of any right of action Borrower
might have arising out of such overcharge.
14. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be
deemed to have been given to Borrower when mailed by first class mail, when actually delivered to
Borrower's notice address if sent by other means, or when given to Borrower by any other means
required by Applicable Law. 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, Borrower shall report a change of address only through that specified procedure.
There may be only one designated notice address under this Security Instrument at anyone time. Any
notice to Lender shall be given by delivering it or by mailing it by first c1ass 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 Lender until
actually received by Lender. If any notice required by this Security Instrument also is required under
Applicable Law, the Applicable Law requirement shall satisfy the corresponding requirement under this
Security Instrument.
15. 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. In the event that any provision or clause of this Security Instrument or the Note
conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument
or the Note that may be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and inc1ude
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation
to take any action.
~.~~.~~;.~.t;~NG SECURITY INSTRUMENT (S ::!:¡:::¡i¡:¡:r.::¡:)Lien-Non-Assumable)
:':~:~:¿:;:~:::';:l::lddleberg, Riddle" Glanna ~""""""'¡:"'<" 2/06
~,!mm:8%::?:il
{Page 8 of i {'f>-ag~~r
~m~~;~m~¡}j~
Loan No: 3001040792
Data ID: 272
0923948
16. Borrower's Copy. Borrower shall be given one copy of the Note· and of this Security
Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 17Ø0074.1
"Interest in the Property" means any legal or beneficial interest in the Property, including without
limitation those beneficial interests transferred in a bond for deed, contract for deed, installment sales
contract, or escrow agreement, the intent of any of which is the transfer of title by Borrower at a future
date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without
Lender's prior written consent, Lender may require immediate payment in full of all sums secured by
this Security Instrument. However, this option shall not be exercised by Lender if such exercise is
prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration in accordance
with Section 14. Tbe notice shall provide a date by which Borrower must pay all sums secured by
this Security Instrument. If Borrower fails to pay these sums on or before that date, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
18. 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) five days before sale of the Property pursuant to Section 22 of 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 all sums that then would be due under this Security Instrument and
the Note as ü no acceleration had occurred; (b) cures any default of any other covenants or agreements;
(c) to the extent permitted by Applicable Law, pays all expenses incurred in enforcing this Security
Instrument, including without limitation reasonable attorneys' fees, property inspection and valuation
fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights
under this Security Instrument; and (d) takes such action as Lender reasonably may 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:
(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 if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 17.
19. Sale of Note; Change of Loan Servicer; Notice of Grievance. Tbe Note or a partial interest
in the Note (together with this Security Instrument) may 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 Loan Servicer unrelated to a sale of the Note. If
there is a change of the Loan Servicer, Borrower shall be given written notice of the change that will
state the name and address of the new Loan Servicer, the address to which payments should be made,
and any other information RESP A requires in connection with a notice of transfer of servicing. If the
Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the
Note, the mortgage loan servicing obligations to Borrower shall remain with the Loan Servicer or be
transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise
provided by the Note purchaser.
WYOMING SECURITY INSTRUMENT (Second Lien-Nan-Assumable)
~ 2006 Mlddleberg, Riddle" Glanna 2/06 (Page 9 of 11 Pages)
/
'. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either
09239ll:b an individual litigant or the member of a class) that arises from the other party's actions pursuant to OOO~4'
this Security Instrument or that alleges that the other party has breached any provision of, or any duty , 2
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 14) of such alleged breach and
afforded the other party hereto a reasonable period after the giving of such notice to take corrective
action. If Applicable Law provides a time period that must elapse before certain action may be taken,
that time period shall 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 17 shall be deemed to satisfy the notice and
opportunity to take corrective action provisions of this Section 19.
20. Hazardous Substances. As used in this Section 20: (a) "Hazardous Substances" are those
substances defined 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, volatile solvents, materials containing asbestos or formaldehyde, 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 environmental protection; (c) "Environmental
Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental
Law; and (d) "Environmental Condition" means a condition that can cause, contribute to, or otherwise
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 or allow anyone else to do anything affecting the Property (a) that is in violation
of any Environmental Law, (b) that creates an Environmental Condition, or (c) that, 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 to the presence, use, or storage on the
Property of small quantities of Hazardous Substances that generally are recognized to be appropriate
to normal residential uses and to maintenance of the Property (including without limitation Hazardous
Substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, 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 without limitation 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 that adversely affects the value of the Property. If Borrower learns,
or is notified by any governmental or regulatory authority, or any private party, that any removal or
other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein
shall create any obligation on Lender for an Environmental Cleanup.
21. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under
any home rehabilitation, improvement, repair, or other loan agreement that Borrower enters into with
Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form
acceptable to Lender, an assignment of any rights, claims, or defenses that Borrower may have against
parties who supply labor, materials, or services in connection with any improvements made to the
Property.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration foUowing
Borrower's breach of any covenant or agreement in this Security Instrnment (but not prior to
acceleration under Section 17 unless Applicable Law provides otherwise). The notice shall specify:
(a) the default; (b) the action required to cure the default; (c) a date by which the default must be
cured; and (d) that failure to cure the default on or before the date specified in the notice may result
in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice
further shaU inform Borrower of the right to reinstate 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. H the default is not cured on or before the date specified in the notice, Lender at its option may
require immediate payment in full of all sums secured by this Security Instrument without further
demand and may invoke the power of sale and any other remedies permitted by Applicable Law.
Lender to the extent permitted by Applicable Law shall be entitled to coUect aU expenses incurred in
pursuing the remedies provided in this Section 22, including without limitation reasonable attorneys'
fees and costs of title evidence.
NG SECURITY INSTRUMENT (S ¡¡>.¡:~¡r.~¡!!::6 Lien-Nan-Assumable) ~--Nill~m~;1
ddleberg, Riddle & Glanna ',',', 2/06 (Page 10 of 11'Påge's/
~m~*~~ffi~l~f~;
Loan No: 3001040792
Ò9239 £1:8
If Lender invokes the power of sale, Lender shaD give notice of intent to foreclose to Borrower
and to the person in possession of the Property, if different, in accordance with Applicable Law.
Lender shaD give notice of the sale to Borrower in the manner provided in Section 14. Lender shaD
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 without limitation reasonable
attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person
or persons legally entitled to it.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release
this Security Instrument. 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 by 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.
Data ID: 272
000743
...(1.¿~......_........_...(SeaJ)
DOUGLAS L. HARTMANN -Borrower
(Space Below Thi. Une For Acknowledgment)
State of WYOMING
County of LINCOLN
~toregoing instrument was acknowledged before me thisd- ~y of
20U2.., by
DOUGLASL.HARTMANN
OC)/-o~ (',
My commission expires:
~ð-to
Witness my hand and official seal.
[Seal]
...... J
I ;.-~_
WYOMING SECURITY INSTRUMENT (Second Lien-Nan-Assumable)
· 2006 Mlddleberg, Riddle " Glann. 2/06 (Page 11 of 11 Pages)
0923~48
000744
Loan No: 3001040792
Borrower: DOUGLAS L HARTMANN
Data ID: 272
1-4 FAMILY RIDER
(Assignment of Rents)
"
'IHIS 1-4 FAMILY RIDER is made this 27th day of October, 2006, and is incorporated into
and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed
("Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's
Note to AEGIS WHOLESALE CORPORATION ("Lender") of the same date and covering the
Property described in the Security Instrument and located at:
1213 BEECH STREET
KEMMERER, WYOMING 83101
[Property Add,...)
1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
A ADDmONAL PROPERlY SUBJECf TO 1HE SECURI1Y INS'lRUMENT. The
following items (including any replacements or additions) now or hereafter attached to the Property
to the enent they are fixtures are added to the Property description and also shall constitute and be
included in the Property defined in and covered by the Security Instrument: building materials,
appliances and goods òf every nature whatsoever now or hereafter located in, on, or used, or intended
to be used in connection with the Property, including without limitation those for the purposes of
supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and
eninguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water
closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm
windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets,
paneling and attached floor coverings.
B. USE OF PROPERlY; COMPUANCE wrIH APPUCABLE LAW. Unless Lender agrees
in writing, Borrower shall not seek, agree to, or make a change in the use of the Property or its zoning
classification. Borrower shall comply with all Applicable Laws.
e. SUBORDINA1E LIENS. Except as permitted by federal law, Borrower shall not allow any
lien inferior to the Security Instrument to be perfected against the Property without Lender's prior
written permission.
MULTISTATE 1-4 FAMILY RIDER (SECOND UEN)
o 2006 Mlddleberg Riddle .. GIanna
4/05
(Page 1 of 3 Pages)
1111111111111111111111 1111111111 11111 1111111111111111111111111111111111111111111
30010407920135
~:;i¡i~~::':.:::.~:,i~~~
,,·.i-¡!.·,,·ù<,·~,~·:¡,..
.~.~~.-'_c, _.
':f¡ " :~i:j>¡.f
J;~*~i;t;l~:~~~
':;:~:.~:::?
I.¡ .;!!.f,~·t'''.·,,;,,:
':'.i':'~..'~:': :':':';
H~;;'¡~f;i~}~;J
-..._- +. ...---"
. .......-.-.......--...-
0923~,)L'lb
000745
D. "BORROWER'S RIGIn' TO REINSTArn" DELE1ED. Section 18 is deleted.
E. BORROWER'S oœIJPANCY. Unless Lender and Borrower otherwise agree in writing,
Section 6 concerning Borrower's occupancy of the Property is deleted.
F. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shalt" assign to
Lender all leases of the Property and all security deposits made in connection with leases of the
Property. Upon the assignment, Lender, in Lender's sole discretion, shall have the right to modify,
extend, or terminate the existing leases and to execute new leases. As used in this paragraph G, the
word "lease" shall mean "sublease" if the Security Instrument is on a leasehold.
G. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION.
Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues
("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower
authorizes Lender or Lender's agents to collect the Rents and agrees that each tenant of the Property
shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (i)
Lender has given Borrower notice of default and (ü) Lender has given notice to the tenant(s) that the
Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute
assignment and not an assignment for additional security only.
If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held
by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security
Instrument; (ü) Lender shall be entitled to collect and receive all of the Rents of the Property; (ill)
each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon
Lender's written demand to the tenant; (iv) unless Applicable Law provides otherwise, all Rents
collected by Lender or Lender's agents shall be applied first to the costs of taking control of and
managing the Property and collecting the Rents (including without limitation attorney's fees, receiver's
fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes,
assessments, and other charges on the Property) and then to the sums secured by the Security
Instrument; (v) Lender, Lender's agents, or any judicially appointed receiver shall be liable to account
only for those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed
to take possession of and manage the Property and collect the Rents and profits derived from the
Property without any showing as to the inadequacy of the Property as security.
If the Rents of the Property are not sufficient to cover the costs of taking control of and
managing the Property and of collecting the Rents any funds expended by Lender for such purposes
shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to
Section 9. . .
Borrower represents and warrants that Borrower has not executed any prior assignment of the
Rents and has not performed and will not perform any act that would prevent Lender from exercising
its rights under this paragraph H.
Lender, Lender's agents, or a judicially appointed receiver shall not be required to enter upon,
take control of, or maintain the Property before or after giving notice of default to Borrower.
However, Lender, Lender's agents, or a judicially appointed receiver may do so at any time when a
default occurs. Any application of Rents shall not cure or waive any default or invalidate any other
right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums
secured by the Security Instrument are paid in full.
a CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement
in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke
any of the remedies permitted by the Security Instrument.
MULTlSTATE 1-4 FAMILY RIDER (SECOND UEN)
o 2006 Mlddleberg Riddle .. GÙlnna
4/05
(Page 2 of 3 Pages)
O~Z3948
000746
Loan No: 3001040792
Data ill: 272
All capitalized terms in this 1-4 Family Rider shall have the same meaning as in th~ Security
Instrument. ,
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in
this 1-4 Family Rider.
(}/Ih£-
~~ïAš·i.:··HARTMÃÑÑ·=-B~·;;;;~;···..·(Seal)
MULTlSTATE 1.... FAMILY RIDER (SECOND UEN)
o 2006 Mlddleberg Riddle It Glanna
4/05
(Page 3 of 3 Pages)
::.~~*¡:¡~;;
'1- ..;..~::_:.~