HomeMy WebLinkAbout958347WHEN RECORDED, MAIL TO:
UTAH POWER CREDIT UNION
957 EAST 6600 SOUTH
SALT LAKE CITY, UTAH 84121
This instrument was prepared by:
UTAH .POWER CREDIT UNION
957 EAST 6600 SOUTH
SALT LAKE CITY, UTAH 84121.
801-708-8900
(Space Above This Line For Recording Data)
MORTGAGE
(Line of Credit)
DEFINITIONS
(A) "Security 'Instrument" means this document, which is dated February 24, 2011, together with all riders to this document.
(11) "Borrower" is PAUL GRUFF AND JOSEPHINE GRIEF HUSBAND AND WIFE ASS TENANTS BY THE ENTIR.ETIES.
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is UTAH POWER CREDIT UNION, organized and existing under the laws of the State of UTAH.
Lender's address is 957 EAST 6600 SOUTH, SALT LAKE CITY, UTAH 84121. Lender is the mortgagee under this Security
Instrument.
(I)) "Secured Indebtedness" means:
(1) The debt, interest, finance charges, and other fees and charges incurred under the terms of the .Home Equity Line of Credit
Agreement and Disclosure Statement ("HELOC") dated February 24, 2011; the :HELOC matures on March 15, 2026.
(2) Any advance made to Borrower or obligation incurred by Borrower pursuant to any contract or evidence of indebtedness
benefitting Lender, regardless of whether such advance has been made or such obligation has been incurred in whole or in
part as of the date of this Security Instrument.
(3) Any sum paid and expense incurred by Lender under the terms of this Security Instrument.
(It) "Credit Limit" means the maximum aggregate amount of principal that may be secured by this Security Instrument at any one
time. The Credit Limit is 550,000.00. Except to the extent prohibited by Applicable Law, the Credit Limit. does not apply to interest,
finance charges, and other fees and charges validly incurred by Borrower under this Security Instrument. The Credit Limit also does
not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the
covenants contained in this Security instrument.
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(G) "Riders" means all riders to this Security instrument that are executed by Borrower. The following Riders are to he executed by
Borrower (check box as applicable):
0 Condominium Rider E Planned Unit Development Rider
N. 1-4 Family R.ider E Other(s) (specify)
(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 applicable final, non-appealable judicial opinions.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security instrument secures to Lender: (i) the repayment of the Secured indebtedness, and all renewals, extensions, and
modifications of the Secured Indebtedness; and (ii) the performance of Borrower's covenants and agreements under this Security
Instiument and the HELOC. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors
and assigns, with power of sale, the following described property located in the COUNTY of LINCOLN:
WYOMING HELOC Mortgage
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RECEIVED 3/4/2011 at 3:03 PM
RECEIVING 958347
BOOK: 763 PAGE: 319
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Borrower(s) Initial
cooais•
LOT 3 OF BLOCK 49 OF THE SECOND ADDITION TO THE TOWN OF KEMMERER, LINCOLN COUNTY,
WYOMING AS DESCRJBED ON THE OFFICIAL PLAT THEREOF.
whch cunently has the address o€ 510 GARNET STREET
KEMMQRER, WYOMING 83101 ("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected un dhopnporty, and all easements, appurtenances, and
fixtures the property. All replacements and additions also shall he covered by this Seurity Jnstrwnent. All
of ofthe foregoing is referred to in this Security instrnrnent as the "Property."
RORROWER COVENANTS that l3oi is Eawt'uily seised ofthe estate hereby conveyed and has lhe right to mortgage, grani
and convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants and shall
defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
ADVANCES
Any advances made under the HELOC may be made, repaid, and remade from time m time, subject m the limitations ofthe
1-TELOC. Regardless of whether the Secured Indebtedness is reduced to a zero balance, this Security instrument shall remain in effect
until released or reconveyed.
Any advances made in excess of the Credit Limit shall not be secured by this Security instrument unless (i) Lender agrees to
increase the Credit Limit and complies with any subsequent disclosure, rescission, and other requirements under Applicable Law and
(ii) Borrower agrees to execute any documents Lender requires to evidence and secure the increase in the Credit Limit. Lender shall
not be obligated in any way under this Security Instrument to increase the Credit Lbni, or to make additional or future loans or
advances in any anlount.
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 Lcndci covenant and agree as foflows:
1. Payment of Secured Indebtedness; Performance of Obligations. Borrower ubaU pay when due the Secured Indebtedness
and shall perform all of Borrower's obligations under the HELOC and this Security Instrument.
2. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property that can
attain priority over this Security instrument, including leasehold payments nr ground rents on the Pr^perty, and the d.ues, fees, and
u»v:xsmeotsofu000dnmiuivnoaysociubun
Borrower shall make all payments and comply with all covenants as required by any mortgage, deed of trust, security agreement,
or other lien doeu.ment evidencing a lien that is prior to this Security Instrument. Borrower shall not modify, extend, or increase the
amount secured by such prior lien document without Lender's written consent.
Upon demand Borrower shall furnish to Lender uotiofi^o/o,y evidence of payment of such taxes, xaxoxm/nrnu, ohargov, tines,
irnpositioils, and prior liens,
Borrower shall promptly discharge any lien not approved by Lender that has priority over this Security Instrument unless
Borrower (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long
as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal
proceedings that in Lender's opinion operate to prevent the enforcement of th.e lien while those proceedings are pending, but only until
such proceedings are concluded; or(c) secures from the holder ofthe lien an agreeinent satisfactory to Lender suhordinating the lien
to this Security lnslrument. If l..ender detertnines that any part of the Property is subject to a lien that can attain priority over this
Secnrity Instrument, Lender may give Borrower a notice identifying the lien, Within 10 days of the date on which that notice is given.
Borrower shall satisfy the lien or take one or in.ore of the actions set forth above iu this Section 2.
3. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against
fire, hazards included within the term "extended coveratte," flood, and any other hazards including without limitation earthquakes, for
which Lender requires insurance. This insurance shall be inaintained in the amounts (including deductible levels) and for the periods
that Lender requires, What Lender requires may change during the term of the HELOC.Borrower may obtain such insurance from the
insurance carrier of E3orrower's choice, subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised
unreasonably.
If Borrower fails to maintain any of the coverages described xhnve. Lender may obtain insurance coverage, at Lender's option
and Borrower's expense. Such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the
WYOMING *eLoc Mortgage
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avnn°*rtn Initials
000320
WYOMING HELOC Mortgage
I05. Inc,
Page »ms
Borrower(s) Initials
000321
Property, or the contents of the Property, against any risk, hazard, or tiability, and might provide greater mlesser coverage than was
previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained tnight significantly exceed the cost of
insurance that BorrvWercm/|d have obtained. Any amounts disbursed by Lender under this Section 3 shall be Secured Indebtedness
and shall be payable according 1.0 the terms nf the B8LOC.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such
poUoiuo, shall include standard mortgage c|xum, and shall naine Lender as mortgagee md/or r as an additional loss payee. Lender
shall have the right to hold the policies and renewal certificates. If Lender requircs, Borrower shall promptly give to Lender all
receipts of paid premiums and renewal notices, If Borrower obtains auy form of insurance coverage not otherwise required by Lcndex,
for damage m, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee andlor 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 ot' Loss if not
made promptly by 'Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds shall be applied to
restoration or repair of .the Property, if the restoration or repair is econ.omically feasible and Lender's security is not lessen.ed, During
suobmpai
inspect SUCIi Property to ersure the work has been cornpleted to Lender's satisfactior. Lender may disburse proceeds thr the repairs
and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is mod* in
writing or Applicable Law requires interest to be paid on such in.surzuice proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. ffthe re.storation or repair is not economically feasibe or Lender's security woWd be lessened,
the insurance proceeds shall be applied to the Secured indebtedness with the excess paid to Borrower.
4. Preservation, Maintenance, and Protection of the Property; Occupancy and Use of the Property; and Inspection.
'Borrower shall not destroy, damage, or impair the Property, allow the Property to dcuzi*ratn, or commit waste on the Property.
Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value. Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
conncction with damage to, or the taking of the Propetly, J3orrower shal! be responsibk for repairing or restoring the Property anly if
Lender has released proceeds for such purposes. Lender rnay disburse proceeds for the repairs and restoration in a single pu.yxnent or in
o series ef progress payrnents as the work is cornpkted. If the msurance or condemnation proceeds are nol sufficient to .repair or
restore the Property, Borrower shall not be relieved of Borrower's obligation for the completion of such repair or restoration.
Borrower shall not materially change the present occupancy and use of the Property without Lender's written consent. Borrower
shall not use the Property in an .ill.egal. manner or for any illegal use such as would subject the Properq to seizure.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lende.r
inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior
inspection specifying such reasonable cousc.
6. 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 Sm:uriz�%ostmment (b) there is a legal proceeding that niigbt significantly
affect Lender's interest in the Property and/or rights under this Security Instrument, 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
Secriy instrument. Lender's actions may inctude, but are not limited to: (a) paying any sums secured by a lien that has priority over
this Security Instrument; (b) appearing in court; and (c) payine reasonable attorneys' fees to protect its interest in the Property and/or
rights under this Security Instrument, Securing the Property inclvdey, but is not limited to, entering the Property to make repairs,
change l*oks, replace or board up doors and vvixdovn, drain water from pipes, eliminate building or other code violations or
(Iangerous conditions, and have utiIitis turned on or ofi.
Any amounts disbursed by Lender under this Section 5 shall be Secured Indebtedness and shall be payable according to the terms
of theRELOC.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. if Borrower acquires fee
title to the Property, the leasehold and the fee title shall not incrge unless Lender agrees to the merger in writing. If the Property is
lnomted in a condominium. project or a planned unit development, Bonn"/or shall perform all of Borrower's obligations under the
covenants, by-laws, or regul.ations of the condominium project or planned unit development.
6. Condemnation. Borrower shall give Lender prompt notice of any condemnation or eminent domain proceeding or action
pending or threatened against the Property and authorizes Lender to intervene in Borrower's na.me in any such proceeding or action.
Borrower assigns to Lender any money awarded to Borrower pursuant to such proceeding or action, and such tn.oney shall. be applied
to the Secured Tndehtedness with the excess paid to Borrower.
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7. Loan Charges. If the RELOC is subject mulaw that sets maximum loan. charges, and that law is finally interpreted so that the
interest or othe loun charges collected or to be collected in connection with the HELOC exceed the permitted limits, then: (a) any
such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit and (b) any sums already
collected from Borrower that exceeded permitted limits shall be refunded to Borrower. Lender niay choose rno`xkx this refund
rodudo8Uepduuipu|mpodoudex
shall he tr.atecI as a partial prepayrnent without any prepayrneru charge.
8. Not;ices. All uorices given by Borrower or !;euder in connection with (his Security Jnstrument must be. in writing. Any notice to
Borrower shafl he deemed to have bcen given to Borrower when nailed hy thst. class mail or when actuauy delivered to Borrower's
notice address if sent hyother means. Notice to any one 8o/nvxc,shall constitute notice to all Boonwers. The not.ice address shall be
the Property Address unless Borrower has designated a substitute notice address. Borrower shall promptly notify Lender of
Borrower's change of address. There inay be only one designated notice address under this Secu.rity Instrument at any one 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 unl.ess Lender has
designated another address. Any notice in connection wth this Security lomrmucmt shall not be deemed to have been given to Lender
until actually received hyLender.
9. Governing Law; Severability; Rules of Construction. This Security [nstrument shall be governed by federal Iaw and the Iaw
of the jurisdiction in whieh the Property is located. All rights and obligations contained in this Security Instrument are subject to any
requirements and limita(ions of Applicable Law. In the event that any provision or clause of this Security Instrument or the HELOC
conflicts with Appticable Law, such conflict shall not affect other provisions of this Security Instrument or the FIELOC that can be
given ef without the contlicting provision.
lO and Several Liability; Co Suecessors and Assigns Bound. Borrower covenants arid agrees that ]3orro\%'er's
obligations and liability shall be joint and several. However, any Bonower who co-signs this Security Instillment but does not execute
the VBL0C(u^'co'xignc/): (a) is co-signing this Security Instrument only voom/tguge, grant, and convey the co-signer's interest in
the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any othcr Borrower may agree to extend, modify, forbear, or make any accommodations
with regard to the terms of this Security Instrument or the HELOC without the co-signer's consent.
Subjeet to the provisions ofSection 11, any successor to the interests of800nwocvvbnvsxumcx8unovmr'aob|igationuo/ndcrdio
Security instrument in writing, and is approved by Lendu, shall obtain all of800nwor'x rights and benefits under this Security
Instrument. Borrower 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 and benefit the successors and
assigns of Lender.
11. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section ll, "Interest in. UuProperty" means
any legal or beneficial interest in the Property, inclmUog,bot not limited to, those beneficial interests transferred in a bond .for deed,
contract for deed, installment sales c000nut, or escrow ugyuom^nt, the intent of which is the transfer uftide by Borrower at a future
date to a purchaser.
If all or any part of the Properly or any Interest in the Property is sold. or transferred without Lender's prior written consent,
Lender may require imrnediate paytncnt in full of the Secured Indebtedness.
if Lender exercises this option, Lender shall give Borrowcr notice of' acceleraiion. The noticc shall provide a period ofnot less
than 30 days froni the date the notiee is given withiii which Borrower rnust pay the Secured Indebtedness in full, Jf J3orrowcr fails to
pay the Secured lndehtedness in fit1 prior to the expiration of this period, Lender rnay invoke any remedies perniitted hy this Security
Instrument without further notice or demand on Borrower.
12. Hazardous Substances. A used in this Section 12: (a) "Hazardous Substances" are those substanceodefin.ed as toxic or
hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable
or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
radioactive materials; (b) "Environmental Law" means federal laws and laws af the jurisdiction where the Properly is located that
relate to health, safety, or envimmnexm) 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 F.nvironmental Cleanup.
Borrower shall riot cause or permit thc presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to
release any Hazardous Subumnces, on or in the Property. Borrower shall not do, or allow anyone else to do, anything affecting the
Property (a) that is in violation of any lEnvimnmoom| Law, (b) that creates an Environmental Condition, or (c) that, due to the
WYO HLO Mortgage
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Borrower(s) nitials
presence, use, or release ofa Hazardous Substance, creates a condition that adversely affects thevalue of thc Property. The preceding
two sentences shall not apply to the presence, 'use, or storage on the Property of small qu.antities of af .F Iizardous Substances that are
generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
800nWor promptly shall give Lender written notice of (a) any investigation, claim, demand, |ovvxuit, or other action by any
governmental or regulatory agency or private party involving the Propery and any Hazardous Substance or Environrnental Law of
which Borrower has actual knowledge; (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge,
release, or threat o[ release o[ any Hazardous 3ohom Substance; and the
Substance that odv^m*[y affects the value of the Property. If Borrower learns, or is notified by any government& or regulatory
authority or ariy private party that any removal or other mmcdiodoo of any Hazardous Subxtxn.ce affecting the Property is necessaiy,
Borrower shall promptly take all necessary remedial actions in aceordance with Environmental. Law. Nothing hercin shalt create any
obligation nnLender for an Environmental Cleanup.
13. Escrow for Taxes and insurance. Unless otherwise provided in a separate agreement, Borrower shall not be required to pay
in escrow to Lender funds for taxes, insurance, and otlier assessments.
14. Default. Borrower shall be in default under the D6L0C and this Security instrument if without limitation any of the
following occur: (a) Borrower engaged or engages in fraud or material misrepresentation in connection with any aspect of the HELOC
or this Security Instrument; (b) Bo"nwe, dues not meet repayment terms under the BEO3C; (c) Borrower's action or inaction
adversely affects the collateral for the OEL0Co, Loo&z'`dg6u iu the collateral including without limitation: (i) Borrower's failure
to maintain the insurance required under Section 3 of this Security Instrument; (ii) Bon transfer ot' the Property as provided in
Section 1 of this Security Instniment; (iii) t3orrowcr's failare to rnaintain the Propertv or use ofthc Property in a clestructive manner:
(iv) Borrower's commission of waste of the Property; (v) Borrower's failure to pay taxes due on the Property or Borrawer's failure to
act such that a lien superior to Lender's lien is filed against the Property; (vi) the death of all Borrowers; (vii) the Property is taken by
condemnation or eminent domain; (viii) a judgment is filed against Borrower that subjects the Property to action that adversely affects
Lender's interest iuthrPr"oerty;(ix)d`omruho,uro|imnvntbePmp*rty~ithvpt Lender's perrnission or (x) n superior lien holder
forecloses on the Property such that 1...ender's interest in the Property is adversely affected.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as foltows:
15. Acceleration: Remedies. Except as may be prohibited by Appl.icable Law, and subject to any advance notice and cure period if
required 6yApplicable Law, if any event or condition dcscribed in Section 14 occurs, Lender may forectosc upon this Mortgage. This
means that Leudorma.y arrange for the Premises to be sold by advertisement and sale or by judicial foreclosure, at Lender's option, as
provided by Applicable Law, io order m pay off `vhut :Borrower owes on the HELOC and under this Mortgage. lf the money received
front the sale is not enough to pay off what Borrower owes Lender, Borrower will still owe Lender the difference, which Lender may
seek to cottect ftorn Borrower in acco
on and take possession of the Preniises; (ii) collect the rental payments, including over-due rental payments, directly from tenants after
simply notifying them by first class mail to make rental payments to Lender; (iii) manage the Premises; and (iv) sign, cancel and change
leases. Borrower agrees that the interest rate set fbrth in the DBLOC will continue before and alter a default, entry of a judgment and
foreclosure. In addition, Lender shall be entitled to collect all reasonable fees and costs actually incurred. by Lender in proceeding to
foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports.
If Borrower is in default, Lender may elect not to accelerate the Secured indebtedness but instead may refuse to make additional.
advances or i'educc the Credit E.irnit. Even if Lender elects not to excrcise any reniedy under this Security instrument, Lender doos not
forfeit or waive Lender's right to do so at a later time or to do so if Borrower is in default again.
16. Release, Upon payment of all sums secured by this Mortgage and provided Lender's obligation to make further advances under
the Note tia,s terminated, Lender shall discharge this Mortgage without charge to Borrower, except that Borrower shall pay any fees for
recording oFu satisfaction of MortAaeo.
1.7. pYxivom. To the extent permitted by Applicable Law, Borrower waives and releases any error or defects in proceedings to
enforce this Mortgage and hereby waives the benefit of any present or future laws providing for stay of execution, cxhuduo of time,
exeniption froin attachment, levy and sale and homestead exen
l8.No Claim of Credit for Taxes. Bon'ower shall not rnake deduction fiom or claim credit on the principal or interest secured
by this Security Instrument by reason of any governmental mxeu, assessments, or charges. Borrower shalt not claim any deduction
from the taxablc value ofthe Property by reason of this Security Instrument.
WYOMING HELOC Mortgage
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BY SIGNING BELOW, Bormwer accepts and agrees to the terms and covenants contained in this Security Instrument and in any
Rider executed by Borrower and recorded with it. Borrower also acknowledges receipt of a copy of this Security Instrument.
PAUL GMT
State of
County of
cialyw
This instrument was acknowledged before nle on
JOSEPHINE GRIM
(Seal, Wally)
TONI. M. ZUN1GA
NOTARY PI...IPA...IC
STATE OF COLCRADO
My Commission Expires 07/14/2012
WYOMING HELOC Mortgage
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cSeal)
-Borrower
000324
(Seal)
-Borrower
(Space Below This Line For Acknowledgment)
oZ01 i by PAUL GRIEF and
attire of notarial officer)
Title (and Rank)
My commission expires:
Loan Number: 015
1-4 FAMILY RIDER
Assignment of Rents
THIS 1-4 FAMILY RIDER is made this 24th day of February, 2011, and :is incorporated into and shall be
deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ("Security .instrument") of the
same date given by the undersigned ("Borrower") to secure Borrower's Home Equity Line of Credit Agreement and
Disclosure Statement entered into with UTAH POWER CREDIT UNION ("Lender") of the same date and
covering the Property described in the Security Instnunent and located at:
510 GARNET STREET
KEMMERER, WYOMING 83101
("Property Address").
1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument,
Borrower and Lender further covenant and agree as Ibllows:
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the
Property described in the Security Instrument, the 'following items now or hereafter attached to the Property to the
extent they are tixtures are added to the Property description, and shall also constitute the Property covered by the.
Security Instrument: building materials, appliances, and goods of every nature whatsoever now or hereafter located
in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the
purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and
extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets,
sinks, ranges, stoves, refrigerators, dishwashers, disposal.s, washers, dryers, awnings, storm 'windows, storm doors,
screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings,
all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property
covered by the Security instrument. Alf of the foregoing together with the Property described in the Security
Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family
Rider and the Security instrument as the "Property."
B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change
in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower
shall comply with all laws, ordinances, regulations, and requirements of any governmental body applicable to the
Property.
C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to
the Security Instrument to be perfected against the Property without Lender's prior written permission.
D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent toss in addition to the other
hazards for which insurance is required by Section 3.
E. ASSIGNMENT OF LEASES, Upon Lender's request after default, Borrower shall assign to Lender all
leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment,
Lender shall have the right to modify, extend, or terminate the existing leases and to execute new leases, in Lender's
sole discretion. As used in this paragraph E, the word "lease" shall mean "sublease" if the Security Instrument is on.
a leasehold.
F. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION.
Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the
Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's
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Borrower(s) Initials
000325
Loan Number: 015
agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to 'Lender or Lender's
a.gents. However, Borrower shall receive the Reins until (i) Lender has given Borrower notice of default pursuant to
Section 15 of the Security Insulin and. (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to
Lender or Lender's agent, This assignment of Rents constitutes an absolute assignment and not an assignment for
additional security only.
If Lender gives notice of default to :Borrower: (i) alt Rents received by Borrower shall be held by Borrower as
tmstee for the benefit of Lender only, to be applied to the sums secured. by the Security Instrument; (ii) Lender shall
be entitled to collect and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the
Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the
tenant: (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be
applied first to the costs of taking control of and managing the Property and collecting the Rents, .including, but not
limited to, attomey's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance
premiums, taxes, assessments and other charges on the Property, and then to the stuns secured by the Security
instrument: (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those
Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and
manage the Property and collect the Rents and profits derived. from the Property without any showing as to the
inadequacy of the Property as security.
If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property
and of collecting the Rents, any funds expended by Lender for such purposes shall become indebtedness of
Borrower to Lender secured by the Security Instniment pursuant to Section 5.
Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not
performed, and will not perform, any act that would prevent Lend.er from exercising its rights under this paragraph.
Lender, or Lender's agents or a judicially appointed receiver, shall not he required to enter upon, take control of
or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents
or a judicially appointed receiver, may do so at any time when a default. occurs. Any application of Rents shall not
cure or waive any default or invalidate any other right or rernedy of Lender. This assignment of Rents of the
Property shall terminate when all the sums secured by the Security 'Instrument are paid in full.
G. CROSS PROVISION. Bon default or breach under any note or agreement in which
Lender has an interest, shall he a breach under the Security Instrument and Lender may invoke any of the remedies
permitted by the Security Instrument,
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this 1-4 .Family
Rider.
(Seal)
-Borrower .10
PlfINIt tIRIFF
000326
(Seal)
-Borrower
MULTISTATE HELM 14 Family Rider 1/04
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