HomeMy WebLinkAbout948282After Recording Return To:
Bank of America, N.A.
CA6-914-01-42 Document Processing
P.O. Box 10423
Van Nuys, CA 91410-0423
Prepared By:
Lett Erfe
FHA Case Number; 591-1102864-952
[Space Above This Line For Recording Data]
State of Wyoming ADJUSTABLE RATE MORTGAGE
(Home Equity Conversion)
( Ou452
THIS MORTGAGE ("Security Instrument") is given on July 09, 2009. The Mortgagor is Valdean C Perry
and Janet Perry, Husband and Wife, as Tenants by the entireties, whose address is 3073 Spring
Creek Rd, Fairview, WY 83119 ("Borrower"). This Security Instrument is given to BANK OF
AMERICA, N.A., which is organized and existing under the laws of the United States, and whose address is
100 North Tryon Street, Charlotte, NC 28255 ("Lender"). Borrower has agreed to repay to Lender
amounts which Lender is obligated to advance, including future advances, under the terms of a Home Equity
Conversion Loan Agreement dated the same date as this Security Instrument ("Loan Agreement"). The
agreement to repay is evidenced by Borrower's Note dated the same date as this Security Instrument
("Note"). This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note,
including all future advances, with interest, and all renewals, extensions and modifications of the Note up to a
maximum principal amount of two hundred eighty-five thousand and 00/100 Dollars (U.S.
$285,000.00); (b) the payment of all other sums, with interest, advanced under Paragraph 5 to protect the
security of this Security Instrument or otherwise due under the terms of this Security Instrument; and (c) the
performance of Borrower's covenants and agreements under this Security Instrument and the Note. The full
debt, including amounts described in (a), (b), and(c) above, if not paid earlier, is due and payable on
February 07, 2090. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the
following described property located in LINCOLN County, Wyoming: which has the address of 3073
Spring Creek Rd, Fairview, WY 83119 ("Property Address"), and is more fully described on Exhibit A
attached to this Security Instrument and incorporated herein.
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property."
I R217-WY (02/09) -WYOMING (HOME EQUITY CONVERSION) ADJUSTABLE RATE MORTGAGE 4 7 RECEIVED 7/14/2009 at 3:57 PM
RECEIVING # 948282
BOOK: 727 PAGE: 452
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
~:,VV 453
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. 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 and Interest. Borrower shall pay when due the principal of, and interest on, the
debt evidenced by the Note.
2. Payment of Property Charges. Borrower shall pay all property charges consisting of taxes, ground rents,
flood and hazard insurance premiums, and special assessments in a timely manner, and shall provide evidence
of payment to Lender, unless Lender pays property charges by withholding funds from monthly payments
due to the Borrower or by charging such payments to a line of credit as provided for in the Loan Agreement.
3. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property,
whether now in existence or subsequently erected, against any hazards, casualties, and contingencies,
including fire. This insurance shall be maintained in the amounts, to the extent and for the periods required
by Lender or the Secretary of Housing and Urban Development ("Secretary"). Borrower shall also insure all
improvements on the Property, whether now in existence or subsequently erected, against loss by floods to
the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The
insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor
of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if
not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to
make payment for such loss to Lender instead of to Borrower and Lender jointly. Insurance proceeds shall be
applied to restoration or repair of the damaged Property, if the restoration or repair is economically feasible
and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's
security would be lessened, the insurance proceeds shall be applied first to the reduction of any
indebtedness under a Second Note and Second Security Instrument held by the Secretary on the Property
and then to the reduction of the indebtedness under the Note and this Security Instrument. Any excess
insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this
Security Instrument shall be paid to the entity legally entitled thereto.
-WYOMING (HOME EQUITY CONVERSION) ADJUSTABLE RATE MORTGAGE
18217-WY (02/09) BANK OF AMERICA, N.A.
Page 2 of 12
454
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that
extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force
shall pass to the purchaser.
4. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence after
the execution of this Security Instrument and Borrower (or at least one Borrower, if initially more than one
person are Borrowers) shall continue to occupy the Property as Borrower's principal residence for the term of
the Security Instrument. "Principal residence" shall have the same meaning as in the Loan Agreement.
Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the
Property to deteriorate, reasonable wear and tear excepted. Borrower shall also be in default if Borrower,
during the loan application process, gave materially false or inaccurate information or statements to Lender
(or failed to provide Lender with any material information) in connection with the loan evidenced by the Note,
including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal
residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless
Lender agrees to the merger in writing.
5. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall
pay these obligations on time directly to the entity which is owed the payment. If failure to pay would
adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to
Lender receipts evidencing these payments. Borrower shall promptly discharge any lien which has priority
over this Security Instrument in the manner provided in Paragraph 12(c).
If Borrower fails to make these payments or the property charges required by Paragraph 2, or fails to perform
any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that
may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for
condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to
protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard
insurance and other items mentioned in Paragraph 2.
To protect Lender's security in the Property, Lender shall advance and charge to Borrower all amounts due to
the Secretary for the Mortgage Insurance Premium ("MIP") as defined in the Loan Agreement as well as all
sums due to the loan servicer for servicing activities ("Servicing Fee") as defined in the Loan Agreement.
Any amounts disbursed by Lender under this Paragraph are obligatory and shall become an additional debt
of Borrower as provided for in the Loan Agreement and shall be secured by this Security Instrument.
6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a reasonable
manner and at reasonable times provided that Lender shall give the Borrower notice prior to any inspection or
appraisal specifying a purpose for the inspection or appraisal which must be related to Lender's interest in the
Property. If the Property is vacant or abandoned or the loan is in default, Lender may take reasonable action
to protect and preserve such vacant or abandoned Property without notice to the Borrower.
-WYOMING (HOME EQUITY CONVERSION) ADJUSTABLE RATE MORTGAGE
18217-wY (02/09) BANK OF AMERICA, N.A.
Page 3 of 12
5
0 4 5
7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection
with any condemnation, or other taking of any part of the Property, or for conveyance in place of
condemnation shall be paid to Lender. The proceeds shall be applied first to the reduction of any
indebtedness under a Second Note and Second Security Instrument held by the Secretary on the Property,
and then to the reduction of the indebtedness under the Note and this Security Instrument. Any excess
proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security
Instrument shall be paid to the entity legally entitled thereto.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Due and Payable. Lender may require immediate payment in full of all sums secured by this Security
Instrument if:
(i) A Borrower dies and the Property is not the principal residence of at least one surviving
Borrower; or
(ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or
part of the Property) is sold or otherwise transferred and no other Borrower retains (a) title to the
Property in fee simple, (b) a leasehold under a lease for less than 99 years which is renewable or
a lease having a remaining period of not less than 50 years beyond the date of the 100th
birthday of the youngest Borrower (or retaining a beneficial interest in a trust with such an
interest in the Property), or (c) a life estate in the Property.
(b) Due and Payable with Secretary Approval. Lender may require immediate payment in full of all sums
secured by this Security Instrument, upon approval of the Secretary, if:
(i) The Property ceases to be the principal residence of a Borrower for reasons other than death
and the Property is not the principal residence of at least one other Borrower; or
(ii) For a period of longer than 12 consecutive months, a Borrower fails to physically occupy the
Property because of physical or mental illness and the Property is not the principal residence of
at least one other Borrower; or
(iii) An obligation of the Borrower under this Security Instrument is not performed.
(c) Notice to Lender. Borrower shall notify Lender whenever any of the events listed in paragraphs (a)
and (b) of this Paragraph 9(a)(ii) and (b) occur.
(d) Notice to Secretary and Borrower. Lender shall notify the Secretary and Borrower whenever the
loan becomes due and payable under Paragraph 9(a)(ii) and (b). Lender shall not have the right to
commence foreclosure until Borrower has had thirty (30) days after notice to either:
(i) Correct the matter which resulted in the Security Instrument coming due and payable; or
-WYOMING (HOME EQUITY CONVERSION) ADJUSTABLE RATE MORTGAGE
18217-wY (02/09) BANK OF AMERICA, N.A.
Page 4 of 12
C5045G
(ii) Pay the balance in full; or
(iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the net
proceeds of the sale toward the balance; or
(iv) Provide the Lender with a deed in lieu of foreclosure.
(e) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the requirements
of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be
considered a conveyance for purposes of this Paragraph 9. A trust shall not be considered an
occupant or be considered as having a principal residence for purposes of this Paragraph 9.
(t) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note not be
eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender
may, at its option, require immediate payment in full of all sums secured by this Security Instrument.
A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the
date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive
proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by
Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage
insurance premium to the Secretary.
10. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt secured by
this Security Instrument. Lender may enforce the debt only through sale of the Property. Lender shall not be
permitted to obtain a deficiency judgment against Borrower if the Security Instrument is foreclosed. If this
Security Instrument is assigned to the Secretary upon demand by the Secretary, Borrower shall not be liable
for any difference between the mortgage insurance benefits paid to Lender and the outstanding
indebtedness, including accrued interest, owed by Borrower at the time of the assignment.
11. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full.
This right applies even after foreclosure proceedings are instituted. To reinstate this Security Instrument,
Borrower shall correct the condition which resulted in the requirement for immediate payment in full.
Foreclosure costs and reasonable and customary attorney's fees and expenses properly associated with the
foreclosure proceeding shall be added to the principal balance. Upon reinstatement by Borrower, this Security
Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate
payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted
reinstatement after the commencement of foreclosure proceedings within eighteen (18) months immediately
preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure
on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the Security
Instrument.
-WYOMING (HOME EQUITY CONVERSION) ADJUSTABLE RATE MORTGAGE
18217-WY (02/09) BANK OF AMERICA, N.A.
Page 5 of 12
0-457
12. First Lien Status.
(a) Modification. Borrower agrees to extend this Security Instrument in accordance with this Paragraph
12(a). If Lender determines that the original lien status of the Security Instrument is jeopardized
under state law (including but not limited to situations where the amount secured by the Security
Instrument equals or exceeds the maximum principal amount stated or the maximum period under
which loan advances retain the same lien priority initially granted to loan advances has expired) and
state law permits the original lien status to be maintained for future loan advances through the
execution and recordation of one or more documents, then Lender shall obtain title evidence at
Borrower's expense. If the title evidence indicates that the Property is not encumbered by any liens
(except this Security Instrument, the Second Security Instrument described in Paragraph 13(a) and
any subordinate liens that the Lender determines will also be subordinate to any future loan
advances), Lender shall request the Borrower to execute any documents necessary to protect the
lien status of future loan advances. Borrower agrees to execute such documents. If state law does
not permit the original lien status to be extended to future loan advances, Borrower will be deemed to
have failed to have performed an obligation under this Security Instrument.
(b) Tax Deferral Programs. Borrower shall not participate in a real estate tax deferral program, if any
liens created by the tax deferral are not subordinate to this Security Instrument.
(c) Prior Liens. Borrower shall promptly discharge any lien which has priority over this Security
Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the
lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against
enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the
lien an agreement satisfactory to Lender subordinating the lien to all amounts secured by this
Security Instrument. If Lender determines that any part of the Property is subject to a lien which may
attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Borrower shall satisfy the lien or take one or more of the actions set forth above within ten (10) days
of the giving of notice.
13. Relationship to Second Security Instrument.
(a) Second Security Instrument. In order to secure payments which the Secretary may make to or on
behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the Loan
Agreement, unless otherwise provided by the Secretary, the Secretary has required Borrower to
execute a Second Note and a Second Security Instrument on the Property.
(b) Relationship of First and Second Security Instruments. Payments made by the Secretary shall not
be included in the debt under the Note unless:
(i) This Security Instrument is assigned to the Secretary; or
-WYOMING (HOME EQUITY CONVERSION) ADJUSTABLE RATE MORTGAGE
IR217-WY (02/09) BANK OF AMERICA, N.A.
Page 6 of 12
fu',06458
(ii) The Secretary accepts reimbursement by the Lender for all payments made by the Secretary.
If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including
interest on the payments, but excluding late charges paid by the Secretary, shall be included in the
debt under the Note.
(c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(i) or (ii) and
the Secretary makes payments to Borrower, then Borrower shall not:
(i) Be required to pay amounts owed under the Note, or pay any rents and revenues of the
Property under Paragraph 19 to Lender or a receiver of the Property, until the Secretary has
required payment in full of all outstanding principal and accrued interest under the Second
Note; or
(ii) Be obligated to pay interest or shared appreciation under the Note at any time, whether accrued
before or after the payments by the Secretary, and whether or not accrued interest has been
included in the principal balance under the Note.
(d) No Duty of the Secretary. The Secretary has no duty to Lender to enforce covenants of the Second
Security Instrument or to take actions to preserve the value of the Property, even though Lender
may be unable to collect amounts owed under the Note because of restrictions in this Paragraph 13.
14. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy shall
not be a waiver of or preclude the exercise of any right or remedy.
15. Successors and Assigns Bound; Joint and Several Liability. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender. Borrower may not assign
any rights or obligations under this Security Instrument or under the Note, except to a trust that meets the
requirements of the Secretary. Borrower's covenants and agreements shall be joint and several.
16. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it
or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be
directed to the Property Address or any other address all Borrowers jointly designate. Any notice to Lender
shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice
to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to
Borrower or Lender when given as provided in this Paragraph 16.
17. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of
the jurisdiction in which the Property is located. 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 which can be given effect without the conflicting provision. To this end the
provisions of this Security Instrument and the Note are declared to be severable.
-WYOMING (HOME EQUITY CONVERSION) ADJUSTABLE RATE MORTGAGE
IR217-WY (02/09) BANK OF AMERICA, N.A.
Page 7 of 12
0 459
18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Security Instrument.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
19. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and
revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues
and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior
to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument,
Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender
and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for
additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as
trustee for benefit of Lender only, to be applied to the sums secured by this Security Instrument; (b) Lender
shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall
pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that
would prevent Lender from exercising its rights under this Paragraph 19.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving
notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there
is a breach. 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 the debt secured by this
Security Instrument is paid in full.
20. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may
invoke the power of sale and any other remedies permitted by applicable Law. Lender shall be entitled to
collect all expenses incurred in pursuing the remedies provided in this Paragraph 20, including, but not
limited to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall 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 shall give
notice of the sale to Borrower in the manner provided in Paragraph 16. Lender shall publish the notice of
sale, and the Property shall be sold in the manner prescribed by applicable Law. Lender or its designee may
purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all
expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this
Security Instrument; and (c) any excess to the person or persons legally entitled to it.
-WYOMING (HOME EQUITY CONVERSION) ADJUSTABLE RATE MORTGAGE
18217-WY (02/09) BANK OF AMERICA, N.A.
Page 8 of 12
-,a.0v4s0
21. Lien Priority. The full amount secured by this Security Instrument shall have the same priority over any
other liens on the Property as if the full amount had been disbursed on the date the initial disbursement was
made, regardless of the actual date of any disbursement. The amount secured by this Security Instrument
shall include all direct payments by Lender to Borrower and all other loan advances permitted by this Security
Instrument for any purpose. This lien priority shall apply notwithstanding any State constitution, law or
regulation, except that this lien priority shall not affect the priority of any liens for unpaid State or local
governmental unit special assessments or taxes.
22. Adjustable Rate Feature. Under the Note, the initial stated interest rate of three percent (3.000%)
which accrues on the unpaid principal balance ("Initial Interest Rate") is subject to change, as described
below. When the interest rate changes, the new adjusted interest rate will be applied to the total outstanding
principal balance. Each adjustment to the interest rate will be based upon an Index plus a margin. The
"Index" is the average of the interbank offered rates for one month U.S. dollar-denominated deposits in the
London market ("LIBOR"), as published in The Wall Street Journal. If the Index is no longer available,
Lender will be required to use any index prescribed by the Department of Housing and Urban Development.
Lender will give Borrower notice of the new Index.
Lender will perform the calculations described below to determine the new adjusted interest rate. The interest
rate may change on the first day of October 2009, and on ❑ that day of each succeeding year 0 the first
day of each succeeding month ("Change Date") until the loan is repaid in full.
The value of the Index will be determined, using the most recent Index figure available thirty (30) days before
the Change Date ("Current Index"). Before each Change Date, the new interest rate will be calculated by
adding a margin to the Current Index and rounding that amount to the nearest one-eighth of one percent. The
sum of the margin plus the Current Index will be called the "Calculated Interest Rate" for each Change Date.
The Calculated Interest Rate will be compared to the interest rate in effect immediately prior to the current
Change Date (the 'Existing Interest Rate").
❑ (Annually Adjusting Variable Rate Feature) The Calculated Interest Rate cannot be more than 2.0
percentage points higher or lower than the Existing Interest Rate, nor can it be more than 5.0 percentage
points higher or lower than the Initial Interest Rate.
0 (Monthly Adjusting Variable Rate Feature) The Calculated Interest Rate will never increase above thirteen
percent (13.000%).
The Calculated Interest Rate will be adjusted if necessary to comply with the rate limitation(s) described
above and will be in effect until the next Change Date. At any change date, if the Calculated Interest Rate
equals the Existing Interest Rate, the interest rate will not change.
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 under applicable Law.
-WYOMING (HOME EQUITY CONVERSION) ADJUSTABLE RATE MORTGAGE
18217-wY (02/09) BANK OF AMERICA, N.A.
Page 9 of 12
E- 0'-461
24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws
of Wyoming.
25. Obligatory Loan Advances. Lender's responsibility to make Loan Advances under the terms of the Loan
Agreement, including Loan Advances of principal to Borrower as well as Loan Advances for interest, MIP,
Servicing Fees, and other charges shall be obligatory.
26. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together
with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend
and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this
Security Instrument. [Check applicable box(es).]
Condominium Rider El PUD Rider
Shared Appreciation Rider El Other:
-WYOMING (HOME EQUITY CONVERSION) ADJUSTABLE RATE MORTGAGE
IR217-WY (02/09) BANK OF AMERICA, N.A.
Page 10 of 12
ED0~; 462
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
Valdean C Perry -Borrower
nef?err y -Borrower
STATE OF MING
County of ~Z2&J /A_
-WYOMING (HOME EQUITY CONVERSION) ADJUSTABLE RATE MORTGAGE
IR217-WY (02/09) BANK OF AMERICA, N.A.
Page I I of 12
TERESA K. ANDE~ ) G
~ t
County of Title (and Rank
Lincoln My Commission My commission expires:
EXHIBIT A
Exhibit A to the Mortgage given on July 09, 2009, by Valdean C Perry and Janet Perry, Husband
and Wife, as Tenants by the entireties ('Borrower") to Bank of America, N.A. ("Lender"). The Property is
located in the county of LINCOLN, State of Wyoming, described as follows:
Description of
See Attached
*WYOMING (HOME EQUITY CONVERSION) ADJ STABLE RATE MORTGAGE
IR217-WY (02/09) BANK OF AME ICA, N.A.
Page 12 of 2
Order No. 2301-13211
EXHIBIT "A" 000464
LEGAL DESCRIPTION
PART'OF THE SW'/ NWY4 OF SECTION 10, T31N, R119W, OF THE 6TH P.M., LINCOLN COUNTY,
WYOMING, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SWX NWY
OF SAID SECTION 10 AND RUNNING THENCE 80°18'56"W, ALONG THE CENTERLINE OF THE,
FAIRVIEW-SPRING CREEK COUNTY ROAD NO. 12-144,3:30.015 FEET TO THE POINT OF BEGINNING;
THENCE 80°1856"W, ALONG THE CENTERLINE OF FAIRVIEW-SPRING CREEK COUNTY ROAD NO.
12-144,330.015 FEET; THENCE 889°47'07"W, 270 FEET THENCE N0°18'56"E, 330.015 FEET THENCE
N89°46'45"E, 270 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
V". LBOAL