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HomeMy WebLinkAbout877610 Ariel' Recording Return To: 7:'r~''i ..... :':::-. '''~ ~ <:;: 'i ~.~ ', First Bank of Idaho P. O. Box ~2860 ~ackson, WY 83002 Loan No: 494000664/8805628 [space Above This Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are deftned below and olher words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used ill this document are also provided in Section i6. (A) "Security Instrument" means this document, which is dated Novmnber 21, 2001 together with all Riders to this documet~t. ' (B) "Borrower"is Steven O. Holzer and Kathryn O. Holzer, Trustees or their successors in trust, under the Holzer Living Trust, dated May 2-7, 1992, and any amendments thereto Borrower is tile mortgagor under this Security hlstrtlll/ent. (C) "Lender"is First Bank of Idaho, fsb d/bls First Bank Advisors Lender is a an Idaho Corporation organized and existing under the.laws of Idaho Lender's address is P.O.Box ~2860 Jackson, WY 83002 Lender is tile mortgagee under this Security Instrument. (D) "Note"means the pl'onfissow note signed by Borrower and dated November 2~, 200] The Note states that Borrower owes Lender Fifty Seven lhousand DOLLARS and Zero Dollar, s (U.S. $ 57,000.00 ~) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay thedebt in full not later than December ~, 20~6 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." ' (F) "Loan" ]neans the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. VVYOMING -Single Family- FannleMae/Freddle Mac UNIFORM INSTRUMENT Form 3051 1/01 Laser Forms ,nc, (800) 446_3555 t. FI#FNMA3051 1/01 (A) Page 1 of 13 Initials: (G) "Riders" means all Riders to this Security h~strument that are executed by BmTo~ver. The following Riders are to be executed by Borrower [check box as applicable]:  Adjustable Rate Rider [--] Condominium Rider [~1 Second Home Rider Balloon Rider [--] Planned Unit Development Rider [f~ 1-4 Fmnily Rider [---] Biweekly Payment Rider [~ V.A. Rider [~_ Other(s) [specify] Trust 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 final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are hnposed on Borrower or the Property by a condomiuium association, homeowners association or similar organization. (J) "Electronic Funds~ Transfer" means any transfer of ~hnds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or maguetic tape so as to order, instruct, or authorize a :financial iustitution 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 auto~nated clearinghonse 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 third party (other, tban insurance proceeds paid under the coverages described in Seation 5) for: (i) damage to, or destruction of, the Property; (ii) condenmation or other taking of all or any part of the Property; (iii) conveyance in lieu 'of condemnation; or (iv) misrepreseutations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpay~nent of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amouut due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.)'aud its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be mneuded from time to time, or any additional or successor legislation o:r regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" nnder RESPA. (P) "Successor iu Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Secm'ity Instrumeut. WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Laser Forms Inc. (800)446-3555 .~ LFI#FNMA3o51 1/01 Page 2 of 13 h~i[Jals: TR...~ANSFER OF RIGHTS IN TIlE 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 Secm'ity ]nstrument and the Note. For this purpose, Borrower does hereby ~nortgage, grant and convey'to Lender and Lender's successors and assigns, w/th power of sale, the following described property located in the County Clerk of Lincoln · [Type o~ Recording Jurisdiction] [Name of Recording Jurisdiction] Lot 1 of the Blue Lake Estates Subdivision, Lincoln County, Wyoming, according to that plat recorded November 13, 1991 as Instrument No. 740865 in the Office of the Comity Clerk. which currently has the address of 574 Blue Lake Circle [Street] Alpine , Wyoming 83128 ('"Property Address ) [City] ~ [Zip Code] TOGETHER WI'I'H ail the improvements now or hereafter erected on the property, and all easements, 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." BORROWER COVENANTS that Borrower is lawfidly seised of the estate hereby conveyed and has the right to mortgage, grm)t and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encu~mbrances of record. THIS SECURITY INSTRUMENT combines unit'orm covenants for national use and non-unifbnn covenants with limited variations by jurisdiction to constitute a uniform security instrun~ent covering real property. , WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Laser Forms Inc. (800) 446.3555 LFI#FNMA3051 1/01 Page 3 of 13 Initials: UNIFORM COVENANTS. Bon'ower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay ftmds for Escrow items pursuant to Section 3. Payments due under the Note and this Secnrity Instrument shall be made in U.S. currency. However, if ally check or other instrum'ent received by Lender as payment under tile Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: Ca) cash; Cb) money order; Cc) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrnmentality, or entity; or Cd) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance w/th 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 brin'g the Loan current, without waiver of ally rights hereunder or prejudice to its rights to refllse Such payment o'r partial payments in the filture, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of/ts scheduled dne date, then Lender need not pay interest on unapplied tim'ds. Lender may hold such unapplied fimds until Borrower makes payment to bring the Loan cmTent. If Borrower does not do so within a refisonable per/od of t/me, Lender shall either apply such fl~nds or return them to Bon'ower. l'fnot applied earlier, such ftmds will be applied to tile outstanding principal balance under the Note hnmediately prior to foreclosure. No offset or claim wbich Borrower might have now or in tile fi~ture against Lender shall relieve Borrower from making payments due under the Note and this Security hlstrument or performing the covenants and agreements secured by this Securit~ Instrument. 2. Application ~,t' Payments or Proceeds. Except as otherwise described in this ~ection 2, all payments accepted and applied by Lender shall be applied in the following order of priority: Ca) interest clue under the Note; Cb) principal due under the Note; Cc) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment fi'om Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If 'more than one Periodic Payment is outstanding, Lender may apply any payment received fi'om Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full pay~nent Of one or more Periodic Payments, such excess may be applied to any late charges due. Vohmtary prepaymeuts shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to pr/nc/pal due under the Note shall not extend or postpone the due date, or change the amount, of tile Periodic Payments. 3. Funds l'or Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in dill, a sum (the "Funds") to provide for payment of amounts due for: Ca) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; Cb) leasehold payments or ground rents on tile Property, if any; Cc) premiums fei' any and all insurance required by Lender under Section 5; amt Cd) Mortgage Insurance premiums, if any, or any sums payable by Borrower 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 or at any t/me during the term of tile Loan, Lender may require that Community Association Dues, Fees, and Assessments, if auy, be escrowed by Borrower, and such dues, fees and assessments shall be all Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall l~ay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds Ibc any or all Escrow ltems 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 ltems for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment w/thin such t/me period as Lender may require. Borrower's obligation to make such payments and to WYOMING . Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Laser Forms Inc. (800)446-3555 ~ ~,~ LFI #FNMA305! 1/01 Page 4 of 13 initials: provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower sball pay to Lender all Funds, aud in such amoui~ts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the t/me specified nnder RESPA, and (b) not to exceed the maximu~n amount a lender can require nnder RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of fi~ture Escrow Items or otherwise in accordance with Applicable Laxv. The Funds shall be held in an institution whose deposits are inst, red by a federal agency, instrumentality, or entity (including Lender, if Lender is an institt, tion whose deposits are so insured) or m any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the t/me specified trader RESPA. Lender shall n~ot charge Borrower for holding and applying the Ftmds, annually analyzing the escrow account, or verifying tile Escrow Items, unless Lender pays Borrower interest on the Fhnds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender 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 stn-plus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess flmds in accordance with RESPA. If there is a shortage of' Ftmds held in escrow, as defined under RESPA, Lend'er shall notify Borrower as required by RESPA, and Borrower s, hall pay to Lender the amotmt necessary to' make np the shortage in accordance w/th RESPA, but-in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall not/fy Borrower as required by RESPA, and Borrower shall pay to Lendei- 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 Secnrity Instrument, Lender shall promptly retired to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, cb;~rges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Sect/on 3. Bm'rower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writi~g 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 which in Lender's opinion operate to prevent the enfbrcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures fi'om the bolder of tile lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If.Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a not/ce identifying the lien. W/thin 10 days of the date oil wbicll that notice is given, Borrower shall satisfy tile lien or take one or mm'e of the actions set tbrth above in this Section 4. Lender may require Borrower to pay a one-t/me charge for a real estate tax verification and/or reporting serv/ce used by Lender in connection with this Loan. 5. Property Insnrance. 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 otber hazards including but not limited to,. earthquakes and floods, for which Lender requires insurance. This insurance sball be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's cho/ce, which right shall not be exercised unreasonably. Lender ~nay require Borrower to pay, in connection w/th this Loan, either: (a) a one-t/me charge for flood zone determination, certification and tracking services; or (b)'a one-time charge for flood zone determination and certification services and WYOMING ~ Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 305! 1/01 Loser Forms Inc. (800) 446-3555 ~ ~/,~ LFI#FNMA3051 1/01 Page 5 of 13 lnilials: snbsequent charges each time remappings or similar changes occur which reasonably might affect such detemfination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal .Emergency Management Agency in connection with the review of any flood zone determination resulting fi'om an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insm-ance coverage, at Lender's opt/on and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, sach coverage shall cover Lender, but m/gbt or might not protect Borrower, Borrower's equity in the Property, or the contents o'f the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Bon'ower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower. could have obtained. Any amotmts disbursed by Lender under this Sect/on 5 shall become additional debt of Borrower secnred by this Security instrument. These amounts shall bear interest at the Note rate fi'om the date of disbtn'sement 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 snbject to Lender's right to disapprove such policies, shall include a standard mmlgage cause and shall name [render as mortgag"ee and/or as an additional)ess payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Leoder all receipts of paid premiums and renewal notices. If Bon'ower obtains any ~brm of insnrance coverage, not otherxvise required by Lender, fbr damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additi0nal 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 ~nade promptly by Borrower. Unless Lender and Borroxver otherwise agree in writing, any insurance proceeds, whether or not the underlying insnrance was required by Lender, shall be applied to restoratio~ m' 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 tmtil Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, m' other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If BmTower 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 o:ffered to settle a claim, then Lender may negotiate and settle the clahn. The 30-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 proceeds in an amonnt 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 retired of unearned premiums paid by BesTower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Leander may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Secm'ity Instrument, whether or not thei~ due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after tile execution of this Security Instrument and shall continue to occupy the Property as B°rro3ver's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be uureasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. · 7. I'reservatlou, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair/he Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall mainlain the Property in order to prevent tile Property fi'om deteriorating or decreasing in value due to/ts condi'tion. Unless it is determined pursuant to WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Laser Forms Inc. (800) 446_3555 LFI#FNMA3051 1/01 Page 6 of 13 Initials; Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair tile Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connectim~ with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or m a series of progress payments as the work is completed. If the insnrance or condenmation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borroxver not/ce at tile time of or prior to such an interior inspection specifying such reason able 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 Bon'ower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate infmmation or statements lo Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not lhnited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. if (a) Borrower fails to per:form the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attaiu priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abaudoned the Property, then Lender may do and pay fbr whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting'm~d/or assessing the valne of the Property, and securing and/or repairing the Property. Lender's actions can dnclude, but are not limited to: (a) paying any sums secured by a-lien which has priority over this Security Instrmnent; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect /ts interest in tile Property and/or rights under this Security Instroment, including its secured position in a bankruptcy proceeding. Secnring the Property includes, but is not limited to, eutering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any doty or obligation to do so. lit is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Secm'ity Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with snch interest, ul/on notice from Lender to Borrower requesting payment. If this Secm'ity Instrument is. on a leasehold, Borrower shall compl, y with all the provisions of the lease, if Borrower acquires fee title to the Property, the leasehold aud the fee tide shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. if Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the preminms required to maintain the Mortgage Insurance in effect. If, for any reason, the Mm'tgage Insurance coverage required by Lender ceases to be available from tile mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the prenfiums for Mm'tgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, fi'om an alternate mortgage insurer selected by Lender. if 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 o,f Mortgage Insurance. Snch loss reserve shall be non-refundable, notwithstanding the fact that the Loan is uhimately paid in fl~ll, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve pay~nents 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 Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall WYOMING ~. Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Laser Forms ,,~c, (800) 446~3555 (~ ~,)~ LFI#FNMA3051 1/01 Page 7 of 13 Initials: pay the premiums required to maintain Mortgage 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 Bon'ower and Lender pl'oviding for such termination or until termiuation is required by Applicable Law. Nothing in this Section I0 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or 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 Insurm~ce. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of fimds' that the mortgage insurer may have available (which may include funds obtained t¥om Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, m~y reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive fi-om (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage iusurer's risk, or reducing losses. If such agreem'~nt 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 reinsurm~ce." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay tbr Mortgage Insurance, or any other terms of the Eoan. Such agreements will not increase the amount Borrower will o~e for Mortgage Insurance, a.nd they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage lnsnrance under the Homeowners l'rotection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to reqnest and obtain cancellation of the Mortgage Insm'ance, to have,.,the Mortgage Insurance terminated antomaticaily, and/or to receive a refuud of any Mortgage Insnrance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If tile Property is damaged, such Miscellaneons Proceeds shall be applied to restm'ation 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 tile right to hold such Miscellaneons Proceeds until Lender has had m~ opportunity to inspect such. Property to ensure the wm'k has been co~npleted to Lender's satisfaction, provided that such inspection shall be undertakeu promptly. Lender may pay tbr the repairs and restoratiou iu a single disbursement or in a series of progress payments as the work is cmnpleted. Unless an agreement is made in writing or Applicable Law requires iuterest to be paid on sncb Miscellaneous Proceeds, Leuder shall not be required to pay Borrower any interest or 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 or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, 0r loss in value of the Pioperty, the Miscellaneous Proceeds shall be applied to the sums secured by this Security histrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of tile Property in which the fair market value of the Property immediately before the partial taking, destraction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately, before the partial taking, destruction. or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fractiou: (a) th9 total amount of the sums secured immediately befbre the partial taking, destruction, or loss in value divided by (b) the fair inarket value of the Property immediately before the partial taking, destruction, or loss in valne. Any balm~ce shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in Which the fair market value of the Property immediately before the partial taking, destruct/on, 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 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 ~ ~.,~ Laser Forms Inc. (800) 446-3555 LFI#FNMA3O5-~ 1/01 Page 8 of 13 Initials: Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next senteuce) offers to make an a~vard to settle a claixn tbr 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 tl~e sums secured by this Security lnstrumeut, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any actiou or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower 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, pregludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable-to the i~npairment of Lender's interest iii the Property are' hereby assigned and shall be paid to Lender. All Nliscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the .order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor iii Interest of Borrower shall not operate to release the liability o¢ Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refiise to extend time for payment or otherwise modify amortization of file sums secm'ed by~lhis Security Instru~nent by reason of any demand ~nade by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments rom third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy, 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants aud agrees that Borrower's 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, grm~t and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accmnmodatioos with regard to fl~e terms of this Security 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 writiug, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security instrument. Borrower shall not be released frmn Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release m writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority iu this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If~the Loan is subject to a laxv 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 shall be redtlced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums ah'eady collected from Borrower which exceeded permitted limits will be refimded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a re fired reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under WYOMING '- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Laser F o,,,}sl nc, (800) 446-3555 ~b~~ LFI#FNMA305' 1/01 Page 9 of 13 Initials: the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver o t' m~y fight of actiou Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Secm-ity Instrument shall be deemed to have been given to Bon'ower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otberxvise. The notice address shall be the Property Add,'ess unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure fbr reporting Borrower's change of address, then Borrower shall only report a change of addr6ss through that specified procedure. There may be only one designated notice address under this Security 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 berein unless Lender has designated another address by notice to Borrower. Any notice in cmmection with this Security lnstrun~ent shall not be deemed to have been given to Lender until actually received by Lender. If m~y notice required by this Secnrity Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requi, rement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrmnent shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law ~nigbt explicitly or 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 conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which cm~ be given effect withont the couflicting provision. As used in this Security Instrument: (a) words of the maskuline gender shall mean and include corresponding neuter words or words of tile feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 1.7. Borrower's Copy. Borrower shall be given one copy of the 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, instalhnent 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 the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall 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. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without fiu-ther notice or demm~d on Bon'ower. 19. iBorrower's Right to Reinstate After Acceleration.. If Borrower meets certain conditions, Borrower shall have tile right to have enforcement of this Secority Instrument discontinued at m~y time prior to tile earliest of: (a) five days before sale of the Property pursuaut to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for tile termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays 'Lender all sums which then x~;ould be due under this Security Instrument and tile Note as if no accelej'ation had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in euforcing this Security Instrument, including, but not linfited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for tile purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property aud rights under this Security Instrmnent, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may reqnire that Borrower pay such reinstatement sums and expenses iu one or more of the following forms, WYOMING -Single Family- FannleMaelFreddle Mac UNIFORM INSTRUMENT Form 3051 1/01 Laser Forms lnc. (800) 446-3555 t. FI#FhlMA3O51 1/01 Page 10 of 13 Initial as selected by iLender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon au institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration trader Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievam:e. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (kno~vn as the "Loan Servicer") that collects Periodic Payments due under the Note m~d this Security Instrument and performs other mortgage loan servicing obligatious under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, fl~e mortgage loan servicing obligations to Bon'ower will remain with the Lom~ Servicer or be transferred to a successor Loan Servicer 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 or that alleges that the other party has breached any provision of, or any duty owed by reasou 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 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must eYapse before certain action can be taken, that time period will be deemed to be reasonable ibr purposes of this paragraph. The notice of acceleration and opportunity to cure give'n to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice m~d opportunity to take corrective action provisions of this Section 20. 21. llazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substahces, 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" memos federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" memos a coudition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow m~yone else to do, anything affecting the Property (a) that is in violation of any Enviromnental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a conditio~{ 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 Substm~ces that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances iu consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, laws-it or other action by any governmental or regulatory agency or private party involving the Property and any tfazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Envirgnmental Condition, including but not limited to, m~y spilling, leaking, discharge, release or threat of release Of any Hazardous Substmme, 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 govem~nental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions iu accordance with Environmental Law. Nothiug herein shall create any obligation on Lender for an Environmental Cleanup. WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Laser Forms inc. (800) 446-3555 LFI~FNMA3O51 1/01 Page 11 of 13 initials: 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 covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the defanlt; (b) the action required to cure the default; (c) a date, not less thau 30 days from the date tire notice iS given to Borrower, by which the default must be cnred; arrtl (d) that faihn'e to cure the default on or before the date specified in. the notice may result in accelerathm of the sums scented-by this Secnrity Instrument and sale of the Property. The notice shall further inform Borrower' of the rigbt to reinstate after acceleratiou and the right to bring a court action to assert the non-existence of a defanlt or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Leuder at its option may require immediate payment in tull of all sums secured by this Security Instrnment without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incnrred pnrsuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title fividence. If Lender iuvokes the power of sale, Lender shall give notice of intent to fl~reclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender sirall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lemler 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 ~ale, including, but not limited to, reasonable attorneys~ fees; (b) to all sums se?red by this SecurifY Instrnment; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrmnent, 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 tire fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Bon'ower releases and waives all rights under and by virtue of the honlestead exemption laws o'f Wyoming. VVYOMING - Single Fa~'nily - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 Laser Forms Inc. (800) 446-3555 /'~'"'l~ ~ LFt#FNMA3051 1/01 Page 12 of 13 Initials: 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: Steven D. Itolzer and Kathryn D. Holzer, Trustees or their successors in trust, under the Holzer Living Trust, dated May 27,. 1992 and any amendments thereto · . Steven DJ Hollfer, T~ustee hryn D. ~olzer · rustee (/ -Borrower (Seal) -Borrower (Seal) -Borrower ', [Space BelowThls Line ForAcknowledgment] -- STATE OF WYOMING, Teton County ss: The foregoing instrmnent was acknowledged before me this November 21, 2001 (date) , by Steven D. Heizer and Kathryn D. Heizer, Trustees or their successors in trust, under the Heizer Living Trust, dated May 27, 1992, and any amendments thereto (person acknowledging) WITNESS my ]land and official seal. My commission expires: 08/03/05. WYOMING - Single Family- FannleMae/Freddle Mac UNIFORM INSTRUMENT Form 3051 1/01 Laser Forms Inc. (800) 446-3555 LFI#FNMA3051 1/01 Page 13 of 13 104' INTER VIVOS REVOCABLE TRUST RIDER I)EFIN1TIONS USED IN TillS RIDER (A) "Revocable Trust." 'The Holzer Living Trust created under trust instrument dated May 27, 1992, for the benefit of Steven D. ttolzer and Kathryn D. Holzer (B) "Revocable Trust Trustee(s)." Steven D. Holzer and Kafl~ryn D. Holzer ~' Trustee(s) of the Revocable Trust. (C) "Revocable Trust Settlor(s)." Steven D. Holzer and Kathryn D. ttolzer Settlor(s) of the R,evocable Trust signing below (D) "Lender." First Bank of Idaho, fsb d/b/a First Bank Advisors (E) "Security Instrument." Tile iDeed of Trust and any riders thereto of the same date as this Rider given to secure the Note to the Lender of the same date and covering the Property (as defined below) (iF) "Property." Tile property described in the Security Instrument and located at: 574 Blue Lake Circle, Alpine, Wyoming 83128 [Property Address] TItlS INTER VIVOS REVOCABLE TRUST RIDER is made this 2 l~t day of November, 2001, and is incorporated into and shall be deemed to amend and supplement the Security Instnunent. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrun~ent, the Revocable Trust Trustee(s) and the Revocable Trust Settlors(s) and the Lender thrther covenant aud agree as follows: A. ' ADDITIONAL BORI*,OWER(S) The term "Borrower when used in the Security Instrument shall refer to the Revocable Trust Trustee(s), the Revocable Trust Settlor(s), and-the Revocable Trust, jointly and severally. Each party signing this Rider below (whether by accepting and agreeing to the terms and covenants contained herein or by ackmowledging all of the terms and covenants contained herein and agreeing to be bound thereby, or both) covenants and agrees that whether or not such party is uamed as "Borrower" on the first page of the Security Instrument, each covenant and agreement and undertaking of the "Borrower" iu the Security Instrument shall be such party's covenant and agreement and undertaking as "Borrower" and shall be enforceable by the Lender as if such party were named as "Borrower" in the Security Instrument. BY SIGNING BELOW, TttE'revocable Trust Trustee(s) accepts and agrees to the terms and covenants contained in this Inter Vivos Rew~cable Trust Rider. Steven D. Holzer Kathryu D. Holzer Trustee of the Holzer Living Trust Trustee of tile Holzer Living Trust under trust instrument dated May 27, 1992 under trust instrument dated May 27, 1992 tbr the benefit of Steven D. Holzer and Kathryn D. Holzer for the benefit of Steven D. Itolzer and Katbryn D. Holzer First Bank of Idaho P. O. Box 12860 Jackson, WY 83002 Loan No: 49400066418805628 Parcel/Tax ID #: 37181930503300 SECOND HOME RIDER THIS SECOND ttOME RIDER is made this 21st day of November, 2001 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrmnent") of the same date given by the undersigned (the "Borrower") whether there are one or more persons undersigned) to secure Borrower's Note to First Bank of Idaho, fsb d/b/a First Bank Advisors, a an Idaho Corporation (the "Lender") of the same date and covering the Property described in the Secnrity Instrument (the "Property"), which is located at: 574 Blue Lake Circle Alpine, WY 83128 [Property Address] ]n addition to the covenants and agreements made in the Security Instrument, Borrower and Lender flu'ther covenant and agree that Sections 6 and 8 of the Security Instron~ent 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 tile 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. MULTISTATE SECOND HOME RIDER- Single Family - Fannie Mae/Freddie Mac Uniform Instrument Form 3890 1/01 Laser Forms Inc, (800) 446-3555 ~ ~4 LFI#FNMA3890 1/01 Page 1 of 2 Initials: 8. Borrower's Loan Application. Bon'ower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate informat/on 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 Bon'ower's second home. BY SIGNING BELOW, Borrower accepts and agrees to the temns and coveqants contained in this Second Home Rider. Steven D. Holzer and lathryn D. H01zer, Trustees or their successors in trust, under the Heizer Living Trust, dated May 27, 1992, and any amendments thereto teven D. Heizer, l~-us~-tee ' - -Borrower (Seal) ', -Borrower Kath~n D.~&lzer s Trustee -Borrower (Seal) -Borrower MULTISTATE SECOND HOME 'RIDER -Singie Family - Fannie Mae/Freddie Mac Uniform Instrument Form 3890 ~/01 Laser Forms Inc. (800) 44§-3555 LFI#FNMA3890 1/01 Page 2 of 2