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Home My WebLink About932397 6010715727 ;!J1t Return To' INDYMAC BANK, F S B 3465 EAST FOOTHILL BLVD /A TIN' DOCUMENT MANAGEMENT PASADENA, CA 9] 107 Prepared By' INDYMAC BANK, F, S. B 3465 EAST FOOTHILL BLVD PASADENA, CA 9J 107 RECEIVED 8/22/2007 at 3:47 PM RECEIVING # 932397 BOOK: 669 PAGE: 743 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000743 [Space Abon This Une For RccoI'dlng Dalnl MORTGAGE Loan Number 127031293-PERM r·\ DEFINITIONS '" ) Words used in multiple sections of this document are defined below and other words are defined in Sections 3, ]], 13, ]8,20 and 21 Certain rules regarding the usage of words used in this document are also provldeçl in Section 16 (A) "Secul·lty lnstl'ument" means this document, which is dated August 14,2007 together with all Riders to this document. (B) "Bon-ower" is RICHARD J AMOS, JR AND VICTORIA S AMOS, HUSBAND AND WIFE AS COMMUNITY PROPERTY 1'· J. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is INDYMAC BANK. F S B. Lender is a a federally chartered savings bank organized and existing under the laws of THE UNITED STATES OF AMERICA WYOMING ·Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT _ .6(WY) (IWi~01 œ P.g. 1 0115 Form 3051 1/01 lniUaI.: /l1 A- v$1}- VMP Mortgogl Solulions, Inc. DDS -\vY4 LendeJs address is 155 NORTH LAKE AVENUE 000744 PASADENA, CA 91101 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated The Note states that Borrower owes Lender Two Hundred Thirty-Five Thousand and 00/100 Dollars (D S $ 235,000.00 ) plus interest. BOITower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 1, 2038 (E) "Propel'ty" 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 prepayment cha'ges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Ride's" means all Riders to this Security Instrument that are executed by Borl·ower. The following Riders are to be executed by Borrower [check box as applicable]: [X] Adjustable Rate Rider 0 Condominium Rider o Balloon Rider [Xl Planned Unit Development Rider OVA Rider 0 Biweekly Payment Rider August 14,2007 [X] Second Home Rider o 1·4 Family Rider [XI Other(s) [specify] Construction Rider (H) "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 tinal, non-appealàble judicial opinions (I) "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 similarorganizatiol1 (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, instruc~ or authorize a financiaJ institution to debit or credit an account. Such term includes, but is not limited to, point- of·sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers (K) "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 thkd party (other than insurance proceeds paid under the covemges described in Section 5) for' (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation; or (iv) misrepl'esentations of, or omissions as to, the value andlor condition of the Property. (1\1) "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 intel'est under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) IIRESPA" means the ReaJ Estate Settlement Procedures Act (12 U S.C Section 2601 et seq) and its implementing regulation, Regulation X (24 CF R Part 3500), as they might be amended fi'om time to time, 01' 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 regw"d to a "federally related mortgage loan" even if the Loan does not qualify as a IIfederaUy related mortgage loan" under RESPA. . -6(WY) (00051.01 Q) DDS ·WY4 ".ge 2 or 15 InUI.I.: ~Jtt!~' Fonn 3051 1/01 000745 (P) "Successor in Interest of BOlTower" 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 PROPERTY This Security Instrument secures to Lender' (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance 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 [Type of Recording Jurisdiction] of Lincoln [Name of Recording Jurisdiction] LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Parcel ID Number: 34190( 10914300 APN' 34190110914300 Stewart CountlY Club which currently has the address of Thayne ("Property Address")' TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and tixtures 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 seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except tor 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 [Ciiy] , Wyoming 83127 [Street) [Zip Code] THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unit(wn covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property UNIFORM COVENANTS Bo....ower and Lender covenant and agree as follows' 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shan pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note Borrower shall also pay funds for Escrow Items pursuant to Section 3 Payments due under the Note and this Security Instrument shall be made in US cllrrency However, if any check or other instrument received by Lender as payment under the Note 01' this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security 1I1strument 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 lire insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer _ -6(WY) (0005).01 @ DDS -\yY4 Plgl 30115 Inillsl.: fl:[1f' V~ Form 3051 1101 iJ.00746 Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15, Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to 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, If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. ]f Borrower does not do so within a reasonable period of time, Lender shall either apply such funds 01' retwll them to Borrower. ]f not applied earJier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure No offset or claim which Borrower might have now 01' in the future against Lender shall reJieve Borrower from making payments due under the Note and this Security Instrument or pel'forming the covenants and agreements secul'ed 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 Sectìon 3 Such payments shall be applied to each Periodic Payment in the order in which it became due Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Pel'Îodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to Ule delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Bon'ower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any tate charges due. VoluntalY prepayments shall be applied tirst to any prepayment charges and then as described in the Note Any application of payments, insurance proceeds, OJ' Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Pel'Íodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due fOI" (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments 01' ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by BOITower 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 01' at any time duting the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by BOITower, 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 01' all Escrow Jtep1s Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Jtems 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 Borrowel' 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 15 and, upon sueh revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3 Inilllls: ~J'6t ~ _ .S(WY) (0005).01 ø DDS -WY4 Page 4 or 1~ Form 3051 1/01 000747 Lender may, at any time, collect and hoJd Funds in an amount (a) sl1mcient to permit Lendel' to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of' Funds due on the basis of cunent data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with ApplicabJe 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 hoJding and applying the Funds, annually W1aJyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pelmlts 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, BOITower and Lender can agree in writing, however, that interest shall be paid on the funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA If there is a surplus of Funds held in escrow, as defined under 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 RESP A, Lender shall notify Borrower as requÍJ'ed by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. ¡fthere Is a deficiency 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 deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrumen~ Lender shall promptly refund to Borrower any Funds held by Lender 4, Chuges; Liens. BOlTower shall pay all taxes, assessments, charges, tines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if ariy, and Community Association Dues, Fees, and Assessments, if any To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3 Borrower shaH promptly discharge any lien which has priority over this Security Instrument unless Borrower' (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, lega[ proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Properly is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice JdentilYing the lien Within ]0 days of'the date on which that notice is given, Bon'ower shall satisfy the lien or take one or more of the actions set forth above in this Section 4 _ .6(WY) (OO05~Ø1 DDS -WY4 Pig. 5 .r 15 InlØ~ {if iWvr- Form 3051 1/01 000748 Lender may require Borrower to pay a one-time charge for a real estate tax verification andlOl' reporting service used by Lender in connection with this Loan 5, PropeJ'ty Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lendel' requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan The insurance cal'rier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either' (a) a one-time charge for tIood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent chal'ges each time remappings 01' similar changes OCCUr which reasonably might affect such determination Or certification. Borrower shall also be responsib[e 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 IInd Borrower's expense Lender is under no obligation to pUI'chase any particulal' type or amount of eoverage. Therefore, such coverage shall covel' Lender, but might 01' might not protect Bon'ower, Borrower's equity in the Property, 01' the contents of the Property. against any I'Ísk, hazard or liability and might provide greater 01' lesser coverage than was previously in effect. Borrowel' acknowledges that the cost of the insurance covel'age so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under tl1jS Section 5 shall become additional debt of Borrower secured by this Security Instrument. These am.ounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest. upon notice fi'om 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 andlor as an additional loss payee Lender shall have the right to hold the poJicies and renewal certificates. If Lender requires. Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices If BOI'I'ower obtains any fom1 of insurance coverage. not otherwise required by Lender, for damage to, or destruction of, the Property, such poJicy 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 Lender Lender may make proof of loss if not made pJ'Omptly by Borrower, Unless Lender and Borrower otherwise agree in writing, nny insurance proceeds, whether 01' 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 ensllre the work has been completed to LendelJs 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 shaJJ not be required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, or other third parties, retained by Bon"ower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower If the restoration 01' 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, if any. paid to Borrower Such insurance proceeds shall be applied in the order provided for in Section 2 _ .6(WY) (00051,01 () DDS ·WY4 Pili' 60116 IIIIU'b:~ Form 3061 1/01 000749 If Borrower abandons the Property. Lender may file, negotiate and settle any available insurance claim and related matters, If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate artd 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 pl'Oceeds 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 aU insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurl!-nce 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 Borl'oweJ"s principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property lIS Borrower's principal residence for at least one year after the date of occupancy, unless Lender othelwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control 7. Presel'Vation, Maintenance and PI'otection of tbe Propel'ty¡ Inspections. Borrower shall not destroy, damage 01' impair the Property. allow the Propeliy to deteriorate or commit waste on the Property, Whether or not Bon'ower 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 eeonomically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage [f insul'ance or condemnation proceeds are paid in connection with damage to, or the taking of~ the Property, BOITower shall be responsible for repairing 01' 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 01' in a series of progress payments as the work is completed If the insurance or condemnation proceeds are not sufficient to repair or I'estore the Property, Borrower is not relieved of BorrowelJs obligation for the completion of such repair or restoration Lender 01' 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 specitying such reasonable cause 8., Borrower's Loan Application, Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge 01' consent gave materially false, misleading, 01' inaccurate information or statements to Lender (01' failed to provide Lender with material information) in connection with the Loan Material representations include, but are not limiled to, representations concerning BOITower's occupancy of the Property as Borrower's principal residence 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might signitìcantly affect LendelJs interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, tor enfol·cement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting andlor assessing the value of the Property, and securing and/ol' 'epairing the Property LendelJs actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Secw'ity Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to pl'otect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to. entering the Property to make repairs, change locks, replace or board up doors and windows. drain water from pipes, eliminate building or othel· code violations or dangerous conditions, and have utilities tUl11ed on or off Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9, _ -6(WY} (0005)J/1 œ DDS ·WY4 Page 7 Of 15 Inltllll: R.:sft vs;r-- Form 3061 1/01 000750 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shaU 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. MOI·tgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the MOJ1gage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mo!1gage Insul'8.nce, Borrower shall pay the premiums required to obtain covel'8.ge substantially equivalent to the Mortgage Insurance previously in effeet, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, trom an alternate mortgage insurer selected by Lender [t' substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of M0I1gage 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 Borl'ower was required to make separately designated payments toward the premiums tOI' Mortgage Insurance, BOITower shall pay the premiulDs required to maintain M0I1gage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law Nothing in this Section 10 affects BorrowelJs obligation to pay interest at the rate provided in the Note Mortgage Insw'ance reimburses Lender (01' 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 inslu-ers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other pwties that share or modifY their risk, or reduce losses. These agreements are on terms and conditions that al-e satisfactory to the mortgage insurer and the other party (or parties) to these agreements These agreements may require the mortgage inSUI-er to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained fi'om Mortgage Insurance premiums) As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, 01' any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive fi-om (01' might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, 01' reducing losses If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance II FUl1he!': (a) Any such agreements will not affect the amounts that Borrower has agreed to PRY for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and theyiwill not entitle Borrower to any refund. _ -6(WY) (0005).01 DDS .WY4 Page eor 16 ,nMItIt:R¡/Jr ~ Form 3051 1/01 000751 (b) Any such agreements will not affect the rights Bort'owel' has· If Iny . with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may Include the right to receive certain disclosures, to request Rnd obtain cancellation of the Mortgage Insurance, to hIve the MOI·tgRge Insurance terminated automatically, and/or to ,'ecelve a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination, 11, A.sslgnment of Miscellaneous Proceeds; Forfeiture. All MisceJlaneous Proceeds are hereby assigned to and shall be paid to Lender If the Property is damaged, such Miscellaneous Proceeds shall be applied to restol'ation 01' repair of the Property, ¡fthe 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 inspectioll shall be undertaken promptly Lender may pay tor 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 BOI'I'ower any interest 01' earnings on such Miscellaneous Proceeds, If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether 01' 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, destnlction, 01· 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 tbe excess, if any, paid to Borrower In the event of a partial taking, destruction, or loss in value of the Property in which the fail' market value of the Property immediately before the pal1ial taking, destruction, 01' loss in value is equal to or greater than tbe amount of the sums secured by this Security Instrument immediately be10re the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the slims 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 swns 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 Tn the event of a partial taking, destructíon, or loss In vallie of the Property in which the fair market value oithe 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 If the Property is abandoned by Borrower, or if, after notice by Lendel' 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 InstJ'W11ent, whether or not then due, "Opposing Party" means the third party that owes Bon'ower 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 Propel1y or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim tor damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shaH be applied in the order provided for in Section 2 _ -6(wy1 (0005),01 DDS ·\vY4 Pege 8011$ II1NJaIe:~ Form 3061 1101 000752 12. Borl'ower Not Released; Forbeal'ance By Lender Not a Waiver. Extension of the time for payment or modification of RI1101tization 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 Bon"Ower 01' any Successors in Interest of Borrower Lender shall not be required to commence proceedings against any Suceessor 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 ol'iginal Borrower or any Successors in Interest of BOrl"Ower Any forbearance by Lender in exercising any I'ight or remedy including, without limitation, Lender's acceptance of payments fJ'om 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 exel'cise of any right or remedy 13. Joint and SeveJ'a1 Liability; Co-signers; Successol'S and Asslens Bound. Borrower covenants and agrees that BorrowelJs 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 Instl1l11ient; and .(0) agrees that Lendet· and any other Borrower can agree to extend, modify, forbear 01' make any accommodations with regard to the terms of this Secul'ity 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 Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument Bon"ower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing, The covenants and agreements of this Security Instrument shall bind (except as pl"Ovided in Section 20) and benefit the successors and assigns of Lendel' 14, Loan Charges. Lender may cha¡'ge BOITower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to cha.rge a. specific fee to Borrower shall not be constl1Jed as a prohibition on the charging of such fee Lender may not charge fees that are expressly prohibited by tlús Security Instrument or by Applicable Law If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shal[ be reduced by the an10unt l1ecessalY to reduce the charge to the permitted limit; and (b) any sums already colJected tì'om Borrower which exceeded permitted limits wíll be I:efunded to Borrower Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct pa)'ment to Borrower If a refund reduces principal, the reduction will be treated as a partiat prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a wai vel' of any right of aCtion Borrower might have al'Ìsing out of such overcharge 15. Notices. All notices given by BOITOwer or Lender in connection with this Security Instrument must be ill writing Any notice to Borrower in connection with this Security Instl1Jment sha1l be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means, Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otheJwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by noUce 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 BOl'1'ower shall only report a change of address through that specified procedure, The¡'e 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 class mail to Lender's address stated herein unless Lender has designated another address by notice to BorJ'Owel' Any notice in connection with this SecUl'ity Instnlment shall not be deemed to have been given to Lender until actually received by Lender If any notice required by this Security Instrument is also requÌl'ed under Applicable Law, the Applicable Law requirement will satisfy the colTesponding requirement under this Security Il1strument. . -S(WY) 'OOOS~OI 19 DDS -WY4 Page 10 0'16 In~II.: A:Jtrl/ør- Form 3061 1101 000753 16. Governing Law; Severability; Rules of Construction. This Security Instrument shaH be governed by federal law and the law of the jurisdiction in which the Proper1y is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly 01' implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of this Security Instrument or the Note coní1icts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision As used in this Security Instrument: (a) words of the masculine gender shall mean and include cOITesponding neuter words or words of the feminine gender; (b) words in the singular shaH mean and Include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action, 17. Borrower's Copy. Borrower shall be given one copy ofthe Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contl'11ct or escrow agreement. the intent of which is the transfer of title by Borrower at a future date to a purchaser If al1 or any part of the Property or any Interest in the Property is sold or transferred (or ¡fBon'ower 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 The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums secured by this SecuJ'Ìty Instrument. If Borrower fails to pay these sums prior to the expÌJ'11tion of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower 19. Borl'owel"$ Right to Reinstate After Acceleration. If Bon·ower meets certain conditions, Borrower shaIl 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 Properly 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) entty of a judgment enforcing this Security Instrument. rhose cQnditions are that Borrower (a) pays Lendel' all sums which then would be due under this Security Instrument and the Note as jf no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays al1 expenses incurred in enforcing this Security Instrumen~ including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose ofprotectil1g Lender's interest in the Property and rights under tllis Security Instrumcnt; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and BOITower's obligation to pay the sums secured by this Security Instrument, shaU continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender' (a) cash; (b) money order; (c) certified check, bank check, treasurer's check 01' cashier's check, provided any such check is drawn upon an institution whose deposits arc insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer Upon reinstatement by Borrower, this Security Instrument and obJigations secured hel"Cby shall remain fully effective as if no accelcl"Øtion had occuned However, this right to reinstate shall not apply in the case of acceleration under Section 18, _ -8(WY) IOOOS~OI DDS ··\VY4 Page 11 of 15 Inllltls: (If(ý VA}-- Fonn 3061 1/01 000754 20. Sale of Note; Change of Loan Servicel'; Notice of Grievance. The Note 01' a pal1ial interest in the Note (together with this Security Instrument) can be sold one or 1110re times without prior notice to Borrower. A sale might result in a change in the entity (known liS the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and pelforms other mortgage loan servicing obligations under the Note, this Security Instrument, IInd Applicable Law There also might be one or more changes of the Loan ServiceI' unrelate.d to a sale of the Note. If there is a change of the Loan ServiceI', Borrower will be given written notice of the change which will state the name and address of the new Loan ServiceI', the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing [r the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mOI·tgage loan servicing obligations to Borrower will remain with the Loan ServiceI' 01' be transferred to a successor Loan ServiceI' and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument 01' that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section IS) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take con-ective action, If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to BOITower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy ili.e notice and opportunity to take corrective action provisions of this Section 20 21, Hazardous Substances. As used in this Section 21' (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances' gasoline, kerosene, otl1el' tlammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means fedel'allaws and laws of the jurisdiction where the Property is located that relate to health, safely or environmentlll 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 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, BOl'1"ower shaH not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, \lse, 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 are generally recognized to be appropriate to nOlmal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products) Borrower shall promptly give Lender written notice of (a) any invesligation, claim, demand, lawsuit or other action by any govel'l1mental or regulatory agency or private party involving the Property and 81Y 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 an)' Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property, If Borrower learns, or is notified by any govel'l1mental or regulatory authority, or any private party, that any removal 01" other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedi.aI actions in accordance with Environmental Law Nothing herein shall create any obligation on Lender for an Environmental Cleanup. \8 -6(WY) (DOOS~01 ~ DDS -\VY4 Page 12 01 IS In~IaI5:.ß¡n.. Vr- Form 3051 1/01 000755 NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows' 22, Acceleration¡ Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any cOYenant or agreement in this Security Instrument (but not prior to acceleration ullder Section 18 unless Applicable Law provides otherwise). The notice shall specify: (n) the default; (b) the action I'equired to cure the default¡ (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured¡ and (d) that failure to cure the default 011 or before the date specified in the notice may result In acceleration of the sums secured by this Secul'ity Instrument and sale of the Property. The notice shall further Inform Borrower or the right to reinstate after acceleration and the right to bring a COUl·t action to asset·t the non-exlstence ofa default 01' any other defense ofBorl'owel' to acceleration and sale. If the default is not cUI'ed 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 Involu the power of sale and any other I'emedles permitted by Applicable Law. Lender shall be entitled to collect all expenses Incurred in pursuing the I'emedies provided in this Sectloll 22, including, but not limited to, rensollRble attorneys' fees and costs of title evidence. If Lender invol(es the power of sale, Lender shall ¡Ive notice of intent to foreclose to Borrower and to the person in possession of the Property, if differen~ in accordance with Applicable Law. Lender shall give notice of the sale to Borrower III the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by App.licable Law. Lender or Its designee may pUI'chase the Property at any sale. The proceeds of the sale shall be applied in the following ol'del': (a) to all expenses oftbe sale, Includin¡, but not limited to,l'easonable attorneys' fees¡ (b) to all sums secured by this Security Instl'Ument¡ 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 on[y if the fee is paid to a third party for services rendered and the chal'ging onhe: fee is permitted under Applicable Law 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. \8 -8(WY (OO05~OI ~ DDS ·WY4 Page 13 or 15 '"IUIIs: PS/t' V!I}---- FDrm 3051 1/01 4100756 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. Witnesses' IlJlftß (Seal) -Bon'ower Richard] Amos ]1', ^ýk~ (Seal) -Borl'ower VictoJ'Ïa S Amos (Seal) -Borrower (Seal) ·Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower . .S(WY) (0005).01 II) DDS ·WY4 Pig. 14 0115 Form 3051 1/01 000757 STATE OF W'lOMING, c./Qt..¡1=tJ /'è.U Ì1t County 55: t.o<;,. ~e~f:7 The foregoing instrument was acknowledged before me this 1-;;- rrfI.-. ~ o.¡ ~ 1/ 71-, ).Ct) 7 by "-t--, t . '\ / .... (<.LClf.,Oc..d J: ,(lmoe,.. .::J7è...~ V (~Lo- g. 4n'1ð'7. My Commission Expires' ~ - I~"o '1 ~~ ··........---~--....f CAROL CAVELLA Commission # 1552964 Nolary Public - California ~ Los Angeles County - My Comm. Expires Mar 12, 2009 Notary Public InlU.Is: _ -S(WY) (0005).01 DDS -WY4 PI;' 15 0115 Form 3051 1J01 LEGAL DESCRIPTION EXIllBIT 'A' 000758 Order No: 6010715727 Lot 53 of Stewart Country Club Estates Phase 2, Lincoln County, Wyoming as described on the official plat filed on May 10,2005 as instrument No. 908281 of the records of the Lincoln County Clerk. i ! 000759 ADJUSTABLE RATE RIDER (1 Month Llbor Payment and Rate Caps) Loan # 127031293-PERM THIS ADJUSTABLE RATE RIDER is made this 14th day of August , 2007 , and is Incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to INDYMAC BANK, F. S. B. a federally chartered savIngs bank (the "Lender") of the same date and covering the Property described in the Security Instrument and located at APN' 34190110914300 Stewart Country Club Thayne, WY 83127 IProperty Address] THE NOTE CONTAINS PROVISIONS THAT WILL CHANGE THE INTEREST RATE AND THE MONTHLY PAYMENT. THERE MAY BE A LIMIT ON THE AMOUNT THAT THE MONTHLY PAYMENT CAN INCREASE OR DECREASE. THE PRINCIPAL AMOUNT TO REPAY COULD BE GREATER THAN THE AMOUNT ORIGINALLY BORROWED, BUT NOT MORE THAN THE LIMIT STATED IN THIS NOTE. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows' A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note contains the following provIsions: 2. INTEREST (A) Construction and Permanent Phases. This Note, as amended by the attached Residential Construction Loan Addendum Amending Note (the "Addendum"), represents both a constructlonlhome Improvement l(jan and a permanent mortgage loan, During the Construction Period of the loan, the Note Holder will advance funds In accordance with the Residential ConstructJon Loan Agreement. The "Construction Period" is defined as the period beginning on the date of the Note and ending on the first day of the month preceding the due date of the first monthly payment of principal and interest stated in the Note ("Permanent Loan Commencement Date") if Completion (as defined in the Residential Construction Loan Agreement) has occurred before that date in accordance with the Residential Construction Loan Agreement. If Completiol1 has not occurred by that date, I will be in default under .this Add~ndum and under the Note If Completion has occurred prior to the Permanent Loan Commencement Date, then the loan evidenced by the Note will automatically become a permanent mortgage loan on the Permanent Loan Commencement Date, Indymac Bank CTP 1 Month USOR Adjustable Rate Rider . Multlstate Page 1 of 5 VMP Mortgage Solutions, Inc. HCL 1023 04/06 8480934 (06D4) 000760 and the provisions of this Addendum will cease to be in effect and all terms and conditions of the loan will be as set forth in the Note on the Permanent Loan Commencement Date (8) Interest Rate Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest beginning on the Permanent Loan Commencement Date at the Initial Interest Rate The "Initial Interest Rate" will be calculated by adding the Index described In Section 2(E) of this Note that is most recently available as of the day that Is 15 days prior to the Permanent Loan Commencement Date. to the Margin that Is described in Section 2(F), except that the Initial Interest Rate may not be more than the Maximum Rate shown In Section 2(0) of this Note The interest rate [ pay may change The interest rate required by Section 2 Is the rate I will pay both before and after any default described in Section 7(8) of this Note (C) Interest Rate Change Dates The interest rate I will pay may change on the first day of July 2008 and on that day every month thereafter Each date on which my interest rate could change is called an "Interest Rate Change Date," The new rate of interest will become effective on each Interest Rate Change Date (D) Interest Rate Limit My interest rate will never be greater than 12.950%, (E) Index The Ind.ex is the average of interbank offered rates for one-month U.S. dollar-denominated deposits in the London market ("LlBOR") as published in Tl1e Wall Street Journal. The most recent Index figure available as of the date 15 days before each Interest Ratè Change Date is called the "Current Index" If the Index Is no longer available, the Note Holder will choose a new Index that Is based upon comparable information The Note Holder will give me notice of thIs choice. (F) Calculation of Interest Rate Changes Before each Interest Rate Change Date, the Note Holder will calculate my new interest rate by adding Three percentage pOlnt(s) ( 3,000 %) (the "Margin") to the Current Index. Subject to the limit stated In Section 2(D) above, the result of this addition will be my new interest rate until the next Interest Rate Change Date. 3. PAYMENTS (A) Time and Place of Paym&nts I will pay principal and Interest by making payments every month, I will make my monthly payments on the first day of each month beginning on July 1 , 2008 I will make these payments every month until I have paid all the principal and Interest and any other charges described below that I may owe under this Note, Each monthly payment wiU be applied as of its scheduled due date and will be applied to interest before principal, If, on June 1, 2038 8480934 (0604) Page 2 of 5 HCL 1023 04/06 û~0761 I still owe amounts under this Note, I will pay these amounts In full on that date, which Is called the "Maturity Date." will make my monthly payments at 155 NORTH LAKE AVENUE PASADENA, CA 91101 or at a different place if required by the Note Holder (B) Amount of My Initial Monthly Payments Following the Permanent Loan Commencement Date, each of my initial monthly payments will be in the amount calculated as follows (the "Initial Payment Amount"). After determining the Initial Interest Rate, the Note Holder will determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Permanent Loan Commencement Date In full on the maturity date at my Initial Interest Rale in substantially equal payments. My Initial Payment Amount will change In accordance with Sections 3(C) and 3(D) of this Note. (C) Payment Change Dates My monthly payment may change as required by Section 3(D) below beginning on the 1st day of July 2009, and on that day every 12th month thereafter, Each of these dates Is called a "Payment Change Date" My monthly payment also will change at any time Section 3(F) or 3(G) below requires me to pay a different monthly payment. I will pay the amount of my new monthly payment each month beginning on each Payment Change Date or as provided in Section 3(F) or 3(G) below, (D) Calculation of Monthly Payment Changes Before each Payment Change Date, the Note Holder will caJC\,Ilate the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the payment Change Date in full on the Maturity Date In substantially equallns.tallments at the Interest rate effective durIng the month preceding the Payment Change Date The result of this calculation Is called the "Full Payment." Unless Section 3(F) or 3(G) below requires me to pay a different amount, my new monthly payment will be in the amount of the Full Payment. except that my new monthly payment will be limited to an amount that will not be more than 7.5% greater or less than the amount of my last monthly payment due before the Payment Change Date (E) Additions to My Unpaid Principal My monthly payment could be less than the amount of the Interest portion of the monthly payment that would be sufficient to repay the unpaid principal I owe at the monthly payment date in full on the MaturIty Dale in substantially equal payments. If so, each month that my monthly payment Is less than the interest portion, the Note Holder will subtract the amount of my monthly payment from the amount of the Interest portion and will add the difference to my unpaid principal. The Note Holder also will add interest on the amount of this difference to my unpaid principal each month. The interest rate on the Interest added to principal will be the rate required by Section 2 above 8480934 (0604) Page 3 of 5 HCL 1023 04/06 000762 (F) Limit on My Unpaid Principal; Increased Monthly Payment My unpaid principal can never exceed iiI maximum amount equal to one hundred Ten percent ( 110,000%) ($ 258,500.00 of the principal amount I originally borrowed Because of my paying only limited monthly payments, the addition of unpaid interest to my unpaid principal under Section 3(E) above could cause my unpaid principal to exceed that maximum amount when Interest rates increase. In that event, on the date that my paying my monthly payment WQuld cause me to exceed that limit, I will instead pay a new monthly payment. The new monthly payment will be In an amount that would be sufficient to repay my then unpaid principal in full on the Maturity Date in substantially equal installments at the interest rate effective during the preceding month (G) Required Full Payment On the 5th Payment Change Date and on each succeeding 5th Payment Change Date thereafter, I will begin paying the Full Payment as my monthly payment until my monthly payment changes again. I also will begin paying the Full Payment as my monthly payment dn the final Payment Change Date B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument is amended to read as follows' Transfer of the Property or a Beneficial Interest In Borrower. As used In this Section 18, "Interest in the Property" means any legal or beneficial interest In the Property, Including, but not limited to, those beneficial Interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the Intent of which Is the transfer of title by Borrower at a future date to a purchaser If all or any part of the Property or any interest In It Is sold or transferred (or If Borrower is not a natural person and a beneficial Interest In Borrower Is sold or transferred) without Lende~s prior written consent, Lender may require immediate payment In full of alf sums secured by this Security Instrument. However, this option shalf not be exercised by Lender If such exercise Is prohibited by federal law. Lender also shall not exercise this option If' (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that lender's security will not be impaired by the loan assumption .and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to lender's consent to the loan assumption Lender may also require the transferee to sign an assumption agreement that Is àcceptable to Lender and that obligates the transferee to keep all the promises and agreements made In the Note and In this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless lender releases Borrower in writing. 8480934 (0604) Page 4 of 5 HCL 1023 04/06 , , 000763 If Lender exercises the option to require Immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shan 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. It 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, Borrower accepts and agrees to the terms and covenants contained in this ~.~ eal) ·Borrower Victoria 5, Amos Richard J, Amos Jr (Seal) (Seal) ·Borrower . Borrower (Seal) (Seal) ·Borrower -Borrower (Seal) (Seal) ·Borl'Ower ·Borrower HCL 1023 8480934 (0604) Page 5 of 5 04/06 r>.t<...·!">:t"1'!6A U·V~ f" ~ PLANNED UNIT DEVELOPMENT RIDER Loan Number' 127031293-PERM THIS PLANNED UNIT DEVELOPMENT RIDER is made this 14th day of August, 2007 , and is Incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to INDYMAC BANK, F, S B, a federaJly chartered savings bank (the "Lender") of the same date and covering the Property described in the Security Instrument and located at APN' 34190110914300 Stewart Country Club Thayne, WY 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 facllJtles, as described In THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS. (the "DeclaratJon") The Property is a part of a planned unit development known as THAYNE [Name of Planned Unit Development] (the "PUD"). The Property also includes Borrower's Interest In thè homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses, benefits and 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 which creates the Owners AssociatIon; and (iii) any by-laws or other rules or regulations of the Owners Association Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the· Constituent Documents, MULTISTATE PUD RIDER - Single Family - FannIe Mae/Freddie Form 3150 1/01 Wolters Kluwer Financial Services Page 1 of 3 VMP ® ·7R (0411),01 DDS·C07 Mae UNIFORM INSTRUMENT Initials: jJ4' J/~ 000765 8. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanker' policy Insuring the Property which Is satisfactory to Lender and which provides Insurance coverage In the amounts (including deductible levels), for the periods, and against loss by fire, hazards Included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, for which Lender requires Insurance, then: (I) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property Insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy What Lender requires as a condition of this waiver can change during the term of the loan, Borrower shall give Lender prompt notice of any lapse In required property insurance coverage provided by the master or blanket policy In the event of a distribution of property insurance proceeds. In lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds 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, jf 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 public UablUty insurance policy acceptable in fonn, amount, and extent of coverage to Lender, D. Condemnation. The proceeds of any award or claIm for damages, dIrect or consequential, payable to Sorrower in connection with any condemnation or other taking of all or any part of the 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 shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11 E. Lender's Prior Consent. Borrower shall not, except after notice. to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to' (I) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by tire or other casualty or in the case of a taking by condemnation or eminent domain; (iI) any amendment to any provision of the "Constituent Documents" It the provision is for the express benefit of Lender; (iii) tennination of professional management and assumption of self-management of the Owners Association; or (Iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender VMP ® ·7R (0411)01 DDS-CO? Initials' isPr ~ Page 2 of 3 Form 3150 1/01 000766 F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts dIsbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and eovenants contained In this PUD Rider, /MJâ1 (Seal) -Borrower --cJ~ (~ -Borrower Richard J. Amos Jr. Victoria S. Amos (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower VMP ® -7R (0411) 01 DDS-CO? Page 3 of3 Form 3150 1101 000767 TO BE RECORDED WITH THE SECURITY INSTRUMENT Loan #: 12703 1 293-PERM Date' August 14,2007 RESIDENTIAL CONSTRUCTION LOAN RIDER WITH SECURITY AGREEMENT AND FINANCING STATEMENT (Multistate) Words used in this Rider are defined below Words in the singular mean and include the plural and vice versa "Agreement" means the Residential Construction Loan Agreement "Bol'J'ower" is Richard J Amos II', Victol'Ía S Amos "Borrower's Funds Account" means any and all construction loan accounts established pursuant to the Agreement and held by Lender and used to deposit additional funds provided by Borrower "Contractor" is and its successors 01' assigns "Improvements" are the improvements made to a single family residence or new construction of a single family residence "Lender" is INDYMAC BANK, F S B, a federally chartered savings bank and its successors or assigns. "Note" means the promissory note of even date signed by Borrower in favor of Lender. "Property" means the property commonly known as APN: 34190110914300 Stewart Country Club Thayne, WY 83127 "Security Instrument" means the Deed of TrustIMortgagelSecurity Deed/Security Instrument of even date signed by Borrower in favor of Lender, THIS RESIDENTIAL CONSTRUCTION LOAN RIDER shall be deemed to amend and supplement the Security Instrument of the same date given by the Borrower to secure Borrower's Note to Lender of the same date and covering the Property described in the Security Instrument. IndyMac Bank, F.S. B. Residential Construction Loan Rider to Security Instrument . MultlstaCe paue 10'8 VMP MangeUe SoIulIoM, Joe. (800) 52H2S1 HCL 911 121D3 848D334 (0311) DD5-CR2 000768 AMENDED AND ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, BOlTOwer and Lender further covenant and agree as follows' 1. Residential Construction Loan Agreement. Borrower agrees to comply with the covenants and conditions of the Agreement between Borrower, Lender and Contractor, which is incorporated herein by this reference and made a part of this Security Instrument. The Agreement pl'ovides for the construction of certain Improvements on the PJ'operty All advances made by Lender pursuant to the Agreement shaU be an indebtedness of Borrower secured by this Security Instrument as amended, and such advances may be obligatory under the terms of the Agreement. The Security Instrument secures the payment of aU sums and the performance of all covenants required by Lender in the Agreement, Upon the failure of Borrower to keep and pelform aU the covenants, conditions and agreements of the Agreement, the principal sum and all interest and other charges provided for in the loan documents and secured hereby shall, at the option of the Lender, become due and payable 2. Security Instrument. This Security Instrument is a "construction mortgage" seew'ing an obligation incurred for the construction of Improvements on the Property including the acquisition cost of the Property, if any, and any notes issued in extension, renewal, or substitution thereof, Borrower affirms, acknowledges and warrants that prior t.o the recordation of this Secul'ity Instrument, as amended, in the appropriate Real Property Records of the State of Wyoming , no Improvements contemplated by the Loan Agreement have been constructed, no worl< has been perfolmed, and no materials have been ordered 01' delivered J. Future Advances. This Security Instrwl1ent shalJ secure in addition to the sum evidenced by the Note all funds hereafter advanced by Lender to Or for the benefit of Borrower, as contained in the Contract and/or the Agreement for the construction of Improvements on the mortgaged property or for any other purpose All future advances shall be made within the time limit authorized by the laws of this state, To the extent that moneys advanced by Lender are used to pay for the costs of acquiring the Property, this mortgage shall be a purchase money security interest. 4. Disbursements to Protect Security. All sums disbursed by Lender prior to completion of the Improvements to protect the security of this Secw'ity Instrwnent, up to the principal amount of the Note and any future advances, shall be treated as disbul'sements pursuant to the Agreement. All such sums shall beal' interest trom the date of disbursement at the rate stated in the Note. unless the collection trom Borrower of interest at such rate would be conti-ary to applicable Jaw, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law and shall be payable upon notice fi'om Lender to Borrower requesting payment therefore S. Assignment of Rights or Claims. From time: to time as Lender deems necessary to protect Lender's interest, Borrower shall, upon request of Lender, execute, acknowledge before a notary, and deliver to Lender, assignments of any and all ríghts 01' claims which relate to the construction on the Property 8480334 (0311) DDS-CR2 Page 20/6 HCL 911 12/Ò3 000769 6. Breach by BOI·rower. In case of bl'each by Borrower of the covenants and conditions of the Agreement, Lender, at Lender's option, with or without entry upon the Property, (a) may invoke any of the rights or remedies provided in the Agreement, or (b) Inay accelerate tbe sums secul'cd by this Security Instrument. 7. Termination of Agreement upon Amortization. After the commencement of amortization of the Note, the terms of the Agreement (except to the extent Lender is indemnified therein) shall be null and void, and there shall be no claim or defense arising out of or in connection with the Agreement against the obligations of the Note and this Security Instrument. 8. Property. The property covered by this Security Instrument includes the property described 01' refen'ed to in this Security Instrument, together with the following, all of which lire referred to as the "Property," The portion of the Property described below which constitutes real property is sometimes referred to as the "Real Property" The portion of the Property which constitutes personal property is sometimes referred to as the "Personal Property," listed as follows: Any and all buildings, improvements (provided in the Agreement or otherwise), and tenements now or hereafter erected on the Property; any and all heretofore and hereaftel' vacated alleys and streets abutting the Property, easements, rights, appurtenances, rents (subject however to any assignment of rents to Lender), leases, royalties, mineral, oil and gas rights and profits, water, water rights and water stock appurtenant to the Property (to the extent they are included in Borrower's fee simple title); any and all fixtures, machinery, equipment, building materials, appliances, and goods of ever)' naturc whatsoever now or hereafter located in, 01' on, or used, or intended to be used in connection with the Property and alll'eplacements and accessions of them, including, but not limited to those for the purpose of supplying or distJ%uting heating, cooling, electricity, gas, water, air and light; security and access control apparatus; plumbing and plumbing fixtures; reti"igerating, cooking and laundry equipment; carpe~ floor coverings and interior and exterior window treatments; furniture and cabinets; interior and exte/'Íor sprinkler plant and lawn maintenance equipment; fire prevenlion and extinguishing apparatus and equipment, water tanks, swimming pool, compressor, vacuum cleaning system, disposal, dishwasher, range, and oven, any shrubbery and landscaping; any and all plans and specifications for development of 01' construction of Improvements upon the Property; any and all contracts and subcontracts relating to the Property; any and all accounts, contract rights, instruments, documents, general intangibJes, and chattel paper arising from 01' by virtue of any transactions related to the Property; any and all permits, licenses, franchises, certifications, and other rights and privileges obtained in connection with the Property; any and all products and proceeds arising from or by viI·tue of the sale, lease, or other disposition of any of the Property; any and al/ proceeds payable or to be payable under each policy of insurance relating to the Property; any and all proceeds arising from the taking of all or part of the Propel1.y for any public or quasi*public use under ony law, 01' by right of eminent domain, or by private or other purchase in lieu thereof; all building permits, certificates of occupancy, certiticates of compliance, any right to use utiJities of any kind including water, sewage, drainage and any other utility rights, however arising whether private or public, 8480334 (03111 DDS-CR2 Pig. 3 01 6 HCL 911 12/03 000770 present or future, including any reservation, permit, letter, certificate, license, order, contract or otherwise and Bny other pe'mit, letter, certificate, license, order, contract or other document or approval received from or issued by any governmental entity, quasi·governmental entity common carder, or public utility in any way relating to any pw't of the Property 01' the Improvements, fLxtures and equipment thereon; all other interests of every kind and character which BOITower now has or at any time hereafter acquires in and to the Property, including all other items of property and rights described elsewhere in this Security Instrument. The Personal Property also includes the Borrower's Funds Account, together with any interest accruing thereon and proceeds thereof 9. Security Agreement and .Financing Statement. This Security Instrument shall be a security agreement granting Lender a first and prior security interest in all of Borrower's right, title and interest in, to and under the Personal Property, under and within the mellning of applicable statutes of this state, as well as a Mortgage and/or a Deed of Trust granting a lien upon and against the Real Property, In the event of any foreclosure sale all of the Real and Personal Property may, at the option of Len del', be sold as a whole or in any part, It shall not be necessary to have present at the place of such sale the Personal Property 01' any part thereof. Lender shall have all the rights, remedies and recourSes with respect to the Personal Property afforded to a "Secured Party" by the applicable statutes of this state in addition to and not in limitation of the other rights and recourse afforded Lender under this Security Instrument, Borrower shall, upon demand, pay to Lender the amount of any and all expenses, including the fees IInd disbursements of Lender's legal counsel and of any experts and agents which Lender may incur in connection with' (i) the making and/or administration of this Security Instrument; (Ii) the custody, preservation, use 01' operation of, or the sale of, collection from, or other realization upon any property, real and/or personal, described in this Security Instrument, (Hi) the exercise or enforcement of any of the rights of Lender under this Security Instrument; or (iv) the failure by Borrower to perfOlm or observe any of the provisions or covenants in this Security Instrument; or (v) any actions taken by Lender for any reason whatsoever in any case 01' proceeding under Chapter 7, 11, or ] 3 of the Bankruptcy Code or any successor statute thereto, including, b~lt not limited to, action taken with respect to issues particular to federal bankl'uptcy law Lender may. at its election, at any time after the delivery of this Security Instrument, sign one or more copies of this Security Instrument in order that such copies may be used as a tinancing statement under the statutes of this state, Lender's signature need not be acknowledged, and is not n~cessary to the effectiveness hereof as a mortgage, a security agl'eement, or (unless otherwise required by applicable law) a fmancing statement 10. Completion. Lender shall not be responsible for the completion of the Improvements, and shall not in any way be considered a guarantor or surety of performance by Bon·ower. 111 the event the Improvements are not complete4 according to the plans and specifications approved by Lender, and it is determined for whatever reason the Lender does not have a lien arising by or th·ough Borrower, then Lender shall have a valid lien for its loan amount, less the amount reasonably necessary to complete the Improvements, 01' in such event Lender, at its option, shall have the right to complete the Improvements, and the lien shall be valid for the Joan amount 8480334 (0311) DDS·CRl Plge ~ 016 HCL 911 12/03 000771. 11. Invalid Provisions. If any provision of this Security Instnunent is declared invalid, illegal, or unenforceable by a court of competent jurisdiction, then such invalid, iUegal or unenforceable provision shall be seve."ed from this Security Instrument and the remainder enforced as jf such invalid, illegal or unenforceable pt'ovision is not a part of this Security Instrument. 12. Address, The name and address of the Borrower/Debtol' during construction of the ImpJ'Ovements is' Richard J Amos JI' , Victoria S Amos J 66 EBONY AVENUE IMPERIAL BEACH, CA 9 J 932 The name and address of the Lender/Secured Party ís: INDYMAC BANI<, F S 8., a federally chartered savings bank J 55 NORTH LAKE A VENUE PASADENA, CA 9110] 13. Other Provisions. The following notice is required by law: IMPORTANT NOTICE: YOU ARE HEREBY NOTIFIED THAT ANY PERSON PERFORMING LABOR ON YOUR PROPERTY OR FURNISHING MATERIALS FOR THE CONSTRUctION, REPAIR, OR IMPROVEMENT OF YOUR PROPImTY WILL BE ENTITLED TO A LIEN AGAINST YOUR PROPERTY IF HE IS NOT PAID IN FULL, EVEN THOUGH YOU MAY HAVE PAID THE FULL CONTRAct PRICE TO YOUR CONTRACTOR. THIS COULD RESULT IN YOUR PAYING FOR LABOR AND MATERIALS lWICE. THIS LIEN CAN BE ENFORCED BY THE SALE OF YOUR PROPERTY. TO A VOID THIS RESULT, YOU MAY DEMAND FROM YOUR CONTRACTOR LIEN WAIVERS FROM ALL PERSONS PERFORMING LABOR OR FURNISHING MATERIALS FOR THE WORK ON YOUR PROPERTY. YOU MAY WITHHOLD PAYMENT TO THE CONTRActOR INTHEAMOUNT OF ANY UNPAID CLAIMS FOR LABOR OR MATERIALS. YOU ALSO HAVE THE RIGHT TO DEMAND FROM YOUR CONTRACTOR A COMPLETE LIST OF ALL LABORERS AND MATERIAL SUPPLIERS UNDER YOUR CONTRACT, AND THE RIGHT TO DETERMINE FROM THEM IF THEY HA VE BEEN PAID FOR LABOR PERFORMED AND MATERIALS FURNISHED. 8480334 (03111 DDS-CRl Plgl 50/6 HCL 911 12/03 000772 B.;;:;,"'e<epts ",d '",OS to ~od in Ibi, (Seal) ... . :o/XSeal) .",- ~ , .Jo"""" Victoria S Amos Richard J Amos JI' (Seal) ·Borrower (Seal) ·Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrowor (Seal) ·Borrower ATTENTION OFFICIAL RECORDER OF INSTRUMENTS: This instrument covers goods that are or are to become fixtures 011 the described Property herein and is to be filed for record ill the District Recorder's 'ecords where mortgages 011 real estate are recorded Additionally, this instl1.lment should be appropriately indexed, not only as a mortgage but as a financing statement covering goods that are or are to become fixtures on the described Property herein. The mailing address of the BOlTower (Debtor) and Lender (Secured Party) are set forth in this instrument. [Plea., See Attached Acknowl,dgment(s)) 8480334 (03111 DDS·Œ2 Pig.' or. HCL 911 12/03 ;' f CüO'i73 SECOND HOME RIDER Loan Number 127031293-PERM THIS SECOND HOME RIDER Is made this 14th day of August, 2007 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 INDYMAC BANK, F. S. B., a federally chartered savings bank (the "Lender'1 of the same date and covering the Property described in the Security Instrument (the "Property"), which is located at: APN' 34190110914300 Stewart Country Club Thayne, IN'( 83127 [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 B of the Security Instrument are deleted and are 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 firm 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 materiaUy false, misleading, or Inaccurate information or statements to Lender (or failed to provide Lender wIth material information) in connection with the Loan. Material representations Include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home. MULTISTATE INSTRUMENT Form 3890 1/01 _-365R (0411) DDS·HRS SECOND HOME RIDER . Single Family . Fannie Mae/Freddie Mac UNIFORM Init¡als:~1ft' ~ Page 1 of2 VMP Mortgage Solutions, Inc. (800)521.7291 000774 BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Second Home Rider b/a¡ (s..,)k2/~~(Sa.'J - Borrower _ Borrower Victoria S Amos Richard J Amos Jr. (Seal) (Seal) . Borrower . Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) . Borrower - Borrower _-365R (0411) DDS-HRS Page 2 of 2 Fonn 3890 1/01 I