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Home My WebLink About878308 RELEASE OF REAL ESTATE MORTGAGE KNOWN BY ALL THESE PRESENTS, That FMC'Employees Federal Credit Union, a corporation of the United States of ganerica, does hereby certify that.'mortgage bearing the date - of.. September 2,' 1992, made and executed by..Jon Linford and Sharon Linford; as mortgagor, to FMC Employees Federal Credit Union, as mortgagee, conveying certain real estate therein mentioned as security for the payment of $ 42,500.00 as therein stated, Which mOrtgage was recorded in the office of the County Clerk and Ex-Officio Register of Deeds of Lincoln County, State of Wyoming, on, September 3, 1992, in the Book. 315 PR on page 80'_ mortgaging the following described real estate in said county~ to writ: Lot 21 of Block 3 of the Collett First Addition ro the Town of Cokeville, Lincoln County, Wyoming according to the official plat thereof is, with a note secured thereby, and the aforementioned debt, fully paid, satisfied, released, and discharged and in consideration thereof the said mortgagee does hereby release and quitclaim unto the said mortgagor the premises thereby conveyed and mortgaged. IN WITNESS WHEREOF, the FMC Employees Federal Credit Union has caused these presents to be signed by its_Loan Manager and its corporate seal to be affixed this 18th day of.. December, 2001 FMC EMPLOYEES FEDERAL CREDIT UNION Its Loan Manager State 'of Idaho County of Bannock On this 18th Day of. December, 2001, before me personally apPeared.. Nicole Farris to me personallY knoWn, whO, being by me duly sworn did say that he/she is 'the Loan Manager of FMC EmPloyees Federal Credit Union that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and said. Loan ~ acknowledged said instrument to be ihe free act and deed of said corporation. Given under my hand and notarial seal this.18th day of.. December ,2001. Notary Public - NOTARY...mm,,e..~ My Commissi'on Expires: LINOOI r'S" .... -. f - 527 $16.00 [Space Above This Line For Recording Dam] MORTGAGE THIS MORT~AGEJ"Se%u~ty Instrument") ~s given on ............ ............... O 'q ' ~ ' : .... · ............ .................................................................. ' .................. which is organized and existing under the laws of ........................................................... ("Lender"L Bogower owes Lendec the principal sum of .................... ). This debt ~s evidenced by Bo~ower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt. if not paid earlier, due and payable on Ba1Lo.on...~a~m~a~ d.u.e...SapK.~L.L,..,,~9.9.2, ~is Security Instmmem secures to Lender: (a) the repayment of the debt evidenced by the Note. with interest, and all renewals, extensions and modifications o~ the Note: (b) the payment of all other sums. with interest, advanced under paragraph 7 to protect the security of this Secumy Instrument: and (c) the performance of Bo~ower's covenants and agreements under this Security Instrument and the Note. For this purpose, Bo~ower does hereby mo~gage, grant and convey to Lender, with power of sale, the following ' . · · . described prope~y located in ...................................... ............................. .~.~.9.~.0 ..... L...; ...... ..... County, Wyoming: Lo~ 2~ of B~ock 3 of ~he Coiletk F~rst Addition to the Town of Cokeville, Lh~coln County, Wy.omin9 accordin9 to the official plat thereof. which has the address of. 325 First North Cokeville 83114 ls,,~e, ................................................................ icityl Wyoming ................................. ("Property Address"); [Zip Cc<Ici WYOMING-.-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 9/90 ~page l o]'~ pages~ BANKERS SYSTEMS INC,, ST CLOUD MN 56302 '1-S00-397.23411 FORM MU.l-WY W$ 91 528 T OOETHER WITH all me 'm P roy em eh tS now or hereafter erected on the property, a nd all easements, appurtena n~c~e si 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 roperty. BORRowER COVE~^NTS mat Borrower is lawfully seised of the, estate hereby conveyed and has the right to mortgage. grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbran:es of record. THIS SECURITk/ INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when the principal of and interest On the debt evidenced by the Note and any prepayment and late charges due under the Note. due 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the da3, monthly payments are due under the Note. until the Note is paid .in full. a sum ("Funds")for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums: (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any t~me. collect and hold Funds in. an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 197,4 as amended from time to t~me. 12 U.S.C. § 2601 et seq. ("RESPA"). unless another law that applies to the Funds sets a lesser amount. If so. Lender may, at any time: collect and hold Funds in an amount not to exceed the lesser amount Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or Otherwise in accordance with applicable law. The Funds shall be held m an institution whose deposits are insured by a federal agency, nstmmentalitv, or entity (including Lender, if Lender is such an institution~ or in any Federal Home Loan Bank. Lender shall apply the Ft~nds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds. annually analyzing the escrow account, or verifying the Esc[ow Items. Unless Lender pays BOrrower Interest on the Funds and applicable law permits ,, Lender to make such a charge. However. Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan. unless applicable law provides otherwise. Unless an agreement ts made or applicable law requires interest to be paid. Lender Shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree m writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower. without charge, an annual accounting of the Funds, showing credits and debits to me Funds and the purpose for which each debit/o the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument, . If the Funds held by Lender exceed the amounts permitted to be held by applicable law. Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower snail make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion Upon payment in full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Funds held by Lender. If. under paragraph 21. Lender shall acquire or sell the Property, Lender, prior tothe acquisition or sale of the Property, shall apply any Funds'held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note: second, to amounts payable under paragraph 2; third to interest due: fourth, to principal due: and last. to any late charges due under Ihe Note. 4. Charges; Liens. Borrower Shall pay. all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument. and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph If Borrower makes these payments d rectly, Borrower shall promptly furnish to Lender receipts evidencing the payments Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) .,, agrees in writing to the payment of the obligation secured by the lien m a manner accepta'ble to Lender: (b) contests m ?ood faith the lien by, or defends against enforcement of the lien in. legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien: or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating me lien to this Security Instrument. If Lender determines that any part of the Property ts subject to alien which may attain priority over this Security Instrument, Lender may give BorroWer a notice identifying the lien. Borrower shall Form 3051 9/90 (pa~,e 2 of 6 paeesl BANKERS SYSTEMS. INC ST. CLOUD. MN 56302 (1-800-397-2341) FORM MD-l-WY 2/8/91 5 2 9 satisl's Ille IJe~ or take one (~r more ol the actions scl/brlh above within 10 d~w~ 0f Ihe ~zwin2 of notice. 5. Hazard or Properly Insurance. Borrower shall keep the mprov'ements now existm~ or hereafter erected on the Property msureo agaHlsl loss bv fire hazards included wilhJn the term "extended covert~ge" and tm} other hazards, including lloods or flooding, lot which Lender reqtm'es insurance. This insurance shall be mamlainea in the amounts and for the periods lhal Lender requn'es. The insurance career providing the insurance shall be chosen ~v Bon'ower sub,ecl to Lender's approval which shall not be unreasonab v withheld. If Bo~ower fails to' ma ntain coverage d~scribed above.' Lender may, at Lender's opnon, obtain coverage to protect Lender's rights in the Property m accordance With paragraph ~. All insurance policies and renewals shal be acceptable to Lender and shall include a standard mortgage clause. Lender shall hav~ the right to hold the policies and renewals. If Lender requires, Bo~ower shall promptly g~ve to Lender all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall g~ve prompt notice to the insurance career and Lender. Lender may make proof of loss if not made promptly by Bo~ower~ Unless Lender and Borrower omerwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property. dama~,ed if the restoration or repair is economically feasible and Lender s security is not lessened. If'the restoration or repair ~s not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured bv this Security Instrument. whether ornot then due. with any excess paid to Bo~ower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument. whether or not then d~e. The 30-day period will begin when the nonce is given. Unless Lender and Borrower otherwise agree m writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments refe~ed to m paragraphs I and 2 or change the amount of the payments If under paragraph 21 the Property ~s acquired by Lender. Bo~ower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acqmsition shall pass to Lender to the extent of the sums secured by this Security InStrument immediately prior to the acquisition. 6. Occupancy, Preservation. Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Bon'ower shall occupy, establish, and use the Property as Bo~Ower's pnncipal residence within sixty days after the execunon of this Security lnslrument and shall continue to occupy the Property as Bo~ower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall .not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Bo~ower's control. Bo~ower shall not destroy, damage or :repair the Propens. allow the Property to deteriorate, or commtt waste on the Property. Bowower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good'faith judgment could result in forfeiture of the Property or Otherwise materially ~mpair the lien created bv this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in parajraph 18. by causin~ the action or proceeding to be dismissed with a ruling that. in Lender's good faith determination, precludes forfeiture of the ~o~ower's interest in the Property or omer material impairment of the lien created by this Security Instrumem or Lender's security interest. Borrower shall also be in default if Borrower. during the loan'application brocess, gave materially false or inaccurate information or statement* to Lender (or failed to provide Lender w~th any material infom~anon, in connection with the Ioa~ evidenced bv the Note. including, but not limited to. representanons co~cemin~ Bomower's occupancy of the Property as a princ~pa residence. If this Security Instrument is on a leasehold. Borrower shall-comply with all the pr4v~sions of the lease. If Borrower acqmres fee title to the Property. the leasehold and the fee title shall not merge unless Lender agrees to ule merger m wriung. 7, Protection of Lender's R~ghts in the Property; If Bo~ower fails to perfo~ the covenants and agreements contained in this Security Instrument. or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in ban~uptcy, probate, for condemnation or forfeiture or to en?orce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actmns may ~nclude paying any sums secured by a lien which has priority over this Security Instrument. appearing m court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under ~l~is paragrapl~ 7. Lender doe~ no~ have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Bo~ower secured by this Security Instrument. Unless Borrower m~d Lender agree to other terms of payment, these amounts shall bear in~erest from the date of disbursement at the Note ra~e and shall be payable, with interest, upon notice from Lender to Bo~ower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrumem. Borrower shall pay the premiums required'to maintain the mortgage insurance in effect. If. for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect. 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 Bo~ower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available. Bo~ower shall pay to ~orm 3051 ~/~0 (page 3 ~(6 pages) ~ANK~RS SYSTEMS INC ST, CLOUD, MN 56302 ,1-800-397-2341 FORM MD-l-WY 2/8/91 Lender each month a sum equal to one-t~elfth of the :>'early mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use alld retain these p:.lymellts as a loss reserve m I~eu of mortgage insurance Loss reserve pa:> ments may no longer be required, at the ophon of Lender. if mortgage insurance coverage (in'the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes 'available and is obtained. Borrower sha~l pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable laW. 9. Inspection. Lender or ~ts a.oent may make reasonable entries upon .and inspections of the Property. Lender shall give Borrower notice atthe time of or p~rior to an inspection specifying reasonable cause for the Inspection 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connectioiq with any condemnatmn or other taking of any part of the Property, or for conveyance in lieu of condemnation are hereb,. assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums .secured ~v this Security Instrument~ whether or not then due,. with any excess paid to Borrower. In the event of a partial taking of ihe Property In which the fair market value of the Property immediately before the taking ~s equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: la) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event ora partial taking of the Property in which the fair market value of thb Property immediately betbre me taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lendbr otherwise a,.z, reem writing or unless applicable law otherwise provides. 'the proceeds shall be applied to me sums securec~ by this Secur~,., 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 condemnor oft'ers to make an award or settle a claim for damages. Borrower fails to respond to Lender within 3(.1 days after the date the notice is given Lender is authorized to collect and apply the proceeds, at ~ts option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not men due. - Unless Lender and BorrSwer otherwise agree iri writing, any application of proceeds to princ pal shall not extend or postpone me due date of the monthly payments referred to in paragraphs l'and 2 or change the.amount of such payments. 11. Borrower Not Released: Forbearance By Lender Not a Waiver, Extension 0fthe time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor tn interest of Borrower shall not operate to release the liability of' the.original Borrower or Borrower's successors in interest Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security InstrUment by reason of any demand made Dy the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound: Joint and Sever:~i Liability; Co-signers, The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: [a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument: (b) is not personally obligated to pay the sums secured by this Security Instrument: and (c) agrees that Lender and any other Borrower may.agree to extend, modify, Borrower'sforbear or make consent, any accommodations with regard to the terms of this ~ecurity Instrument or the Note without that 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so.that the interest or other loan charges co ected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (b) any sums already collected from Borrower which ~xceeded permitted lir~its will be refunded to Borrowerl Lender may choose to make this refund by reducing the principal owed under the Note or by making a prepaymentdirect paymentchargetO Borrower.under the IfNote.a refund reduces principal 'the reduction will be treated as a partial prepayment w thout any 14, Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law reqmres use of another method. The notice shall be directed to the Property Address or any other, address Borrower designates by notice to Lender. Any not~ce to Lender shall b~ given by first class mail to Lender's address stated hereto or a~y other address Lender designates by not~ce to Borrower. Any not~ce provided for in this Security Instrument shall be deemed to have been g~ven to Borrower or Lender when eiven as provided in this pa[agraph 15. Governing Law; Severabil!ty, This Security Instrument. shall be governed bv federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or.clause of thi~ Security Instru/nent or the Note Form ~051 9190 BANKERS SYSTEMS NC ST CLOUD. MN 56302 11-800.397-2341' FORM MD-1.WY 2/8/9' 531 confilc~ with applicable'law, such conflict shah no~ afl~cl off, er provislon~ of ~his Secur~v In~r~mem or ~he Nme which can be ~wen eft'cci wiflmm thc confiiC~ ng provision. To ~l~is end ~]~e p~ov~sion~ of this SeCurity In~wumem and fl~e Nme are dcciarcd ~o be scveraNc. 16. Borl'l~wer's CoDy, Borrower shall he.eiven one conformed copy of the Note and of thi~ Security Instrument. 17. Transfer of the Prnperty or a Beneficial Interest in Borrower. It' all or any part of the ~ropeny or any imeresl in il Js ~o[d or Irans['erred ior if a beneficial inlerest in Borrower Js sold or [ranst'en'ed and Borrower is not a natural person) withou[ Lender's prior wrllle~l consel~l. Lender may. at its oplion, require immedia[e payment in ful of all sums secured by this Sect,'ty Inslrument However. this option shall not be exercised by Lender if exercise is prohibited by fecteral law as of the date of' thi~ SecJrit) Instrument. If Lender exercises this opuon. Lender shall g~ve Borrower notice of acceleration. Tl~e notice shall provide a period of not less than 30 days from uae data the nonce :s clelivered or mailed within which Bo~ower must pay all sums secured by this Secur,y 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 further no~ce or demand on Bowower. 18, Borrower's Right to Reinstate. If Borrower meets cem~in conditions. Bowower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier or': ~a, 5 days for such other period as applicable law may specify for remstatemen~ before sale ~f the Property pursuant to any power of sale contained in this Security Instrument: or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Bowower: pays Lender all sum~ which then would be due under this Securit~ Instrument and the Nme as if no acceleration had occurred; (b) cures any default of any ot~er covenants or agreeme'nts: ~cl pays all expenses recurred in enforcing this Security Instrument. including, but not limited to. reasonable attornevs' fees: and Id) takes such action as Lender may reasonably reqmre to assure that the lien of this Security Instrument. Lender's rights in the Property and Bo~ower's obligation to pay the sums secured bx this Security Instrument shall continue unchnn~zed. Upon reinsmtemem by Bo~ower, this Security Instrument and the obli'gatlons secured herebv shall remain fully effective as if no acceleration had occu=ed. However. this right to reinstate shall not apply in the case oi' acceleration under paragraph 17. 19. Sale of Note: Change of Loan Servicer, The Note or a panial interest in the No~e ~mgether xvi~l; this Security InstrumemJ mav be sold one or more times wuhout prior notice to Borrower. A sale may :'est~lt in :~ ch,npc m the emity tknown as the "Loan Servicer", that collecls monthly pa} meats due under the Note and thi'x Sccuri~x Inxlrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there x ,, cha,;,e o~ thc Loan Servicer. Borrower will be g~ven written nonce of the change in accordance with paragraph 14 above and applicable ~aw The not,ce will state the name and address at the new Loan Servicer and the address to which payments should be made. The not,ce will also contain any other informauon required by applicable law. ' 20. tlazardous Substances. Borrower shall not cause or permi~ the presence, use. disposal, storage, or release of anv Hazardous Substances on or m the Property.. Bon'ower sim I not do. nor allow anyone else to do. anvtmng affecting the Prope~y that is in violation of anyEnvironmental Law. The preceding two sentences ~hall not apply to the presence, use. or storage on the Property of small quantities of Hazardous SubStances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptl> give Lender written nonce of any investigation, claim, demand.'lawsuit or other ac~on by any governmental or regulatory agency or private party nvolving the Property and'any Hazardou~ Subitance or Environmental Law of which Borrower has actual knowledge. If Bolzower learns, or ~s notified by any govemmema regulatory authority, that anv removal or other remediation of any Hazardous Substance afl'ecting the Property ~s necessary. Bo~ower shall promptly tak~ all necessarx remedial actions m accordance with Environmental Law. As used in this paragraph 20. "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmenlal 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.-As used in this paragraph 20. "Environmental Law" means federal laws and laws of the jurisdiction xvhere the Property ts located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS, Bo~ower and Lender further covenant and agree as follows: 21. Acceleration: Remedies. Lender shall give notice to Borrower prior ~o acceleration following Borrower's breach of any covenant or agreement in this Security Instrument ibut not prior to acceleration under paragraph unless applicable law provides otherwise). The notice shall specify: iai the default: (b) the action required to cure default: Ic~ a date. not less than 30 days from tile date the notice is ga, eh to Borrower. by which the default must be cured: and (d'} that failure Io cure the defaull on or before the date specified in the notice ma~' result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or'before lhe date'specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without l'urlher demand and may invoke the power of sale nnd any other remedies permitted applicable law. Lender shall be entiiled to collect all expenses incurred m pursuing the remedies provided in this Form a051 ~/90 ~pa,~e 5 o1'6 B~as SvSTmS. iNC.. ST. CUOUO MN s~a0a ~.a00.aov.=a4~ ~OaM MO,-WV 532 paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title ev'dence. ' person If Leader invokes the power of sale, Leader shall give notice of intent to foreclose to 8orrower and to the m possession of the Property, if different, in accordance with applicable law. Leader shall give notice of the sale to 8orrower in the manner provided ia paragraph 14. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by applicable law. Leader or its designee may purchase the Property at any sale. The proceeds or the sale shall be applied in the following order: (a) to all expenses of the sale. including, but ndt limited to, reasonable attorneys' fees: (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22. Release. Upon payment of all sums secured oy this Security Instrument. Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of cunesy and dower in the Property. 24. Riders to this Security Instrument. [f one or more riders are executed by Borrower and recorded together with this Security Instrument. the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s~ were a part of this Security Instrument. [Check applicable box(es)] [] Adjustable Rate Rider [] Condominium Rider , [] 1-4 Family Rider [] Graduated Payment Rider [] Planned Unit Development Rider [] Biweekly Payment Rider [] Balloon Rider [] Rate Improvement Rider [] Second Home Rider [] Other(s) [specify] BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with n. Jon L~nford \~) ............. 2~'~rrower Social Security Number ~%'~/ Sharon LKnford ./// -Bo~ower [Space Below This Line ~or ~eknowlodgm,nt] STATE OFWYOMING ................ · · L~Dog~n ............. County ss: ~e foregoing instrument was acknowledged before me this 2nd day of S D~'¢em~er ~.. Z 9 9 2 (date) by Jori L~nford and Sharon L~nford BANKERS SYSTEMS iNC. ST. CLOUD, MN 56302 (1-800.397:2341) FORM MD-I.WY 2/8/9~ Form 3051' 9/90 NOTE 533 ........................... .S..EPTEMBER ............................. 2 , 19....9...2... POCATELLO IDAHO [City] [State] 325 FIRST NORTH COKEVILLE, WYOMING 83114 1. BORROWER'S PROMISE TO PAY In return for a loan that l have received I,,romis ....... T,q q: 42,500.00 . :' . , v ~ ~,, ray ,-~.~,. ~ ....................................... IS amount IS c' "principal"), plus interest, to the order of the Lendirl The Lender is FMC EMPLOYEES FEDERAL (~EDIT UNIO~ued P.O. BOX 41].1 (HWY 30 WEST) POCATELLO, ID~iS'"~'~'6~U2~'i'~. ................................ that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder.." 2. INTEREST Interest will be charaed on unpaid principal until the full amount of principal has been paid. I will pay interest at a · lOOO yearly rate of .................... : ...... %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of.Payments I will pay principal and interest bY making payments every month, I will make my monthly payments on the .... .]...S..T. ...... day of each month beginning on OCTOBER 1 , 19....9..2.... I will make these payments every month until I have paid all Of the pnncipal and interest and any other charges described below, that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on ............................................................... I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at FMC EMPLOYEES FEDERAL CREDIT UNION ................................................................................ or at a different place if required by the Note Holder. (B) Amount of Monthly Payments ,g 457.00 My month] y payment will be in the amount of U. S ........................... 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount, of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5, LOAN CHARGES If a law, which applies'to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, theni (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of ......................... calendar days after the date it is due, I will pay a late charge to'the Note Holder. The amount of the charge will be ............ % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default IfI do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount, That date must be at least 30 days after the date on which the notice is delivered or mailed tome. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so ifI am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in' full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7, GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give'the Note Holder a notice of my different address, Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. MULTISTATE FIXED RATE NOTE--single Family--FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 12/83 BANKER~ 5YSTFMS, ~NC,, ST. CLOUD. MN ~630~ FORM MN-' 8, OBLIGATIONS OF PERSONS UNDER THIS NOTE I£ more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay tl~e full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser o£ this Note,' is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the arnounta owed under this Note. 9. WAIVERS I and any other person who has obligations under ~his Note waive the rights o£presentment and notice o£dishonor. "Presentment" means the right to reqmre the Note Holder to demand payment of amounts due "Notice o£ dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10, UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections g~ven to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those condition s are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or'if a beneficial interest in Borrower is sold or transferred and Borrower is.not a-natural person) without Lender's prior written consent, Lender may, at ~ts option, require ~mmediate payment in full of all sums secured'by this' Securi [y Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. 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 delivered or mailed 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 r~ay ~nv0ke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ....... · ...... -'['~1 ': ............................................................. (Seal) SON LINFbRD J -Borrower ....................................................................... ' ...................... (Seal) SHARON LINFORD ' ? ' " -Borrower "2 /_z: ' ........... ,., .................... ...................... , ................... .....2 [&'ga Original .Only] -- JON LINFOttu amz) SHARON LINFORD FMC EMPLOYE~f-FE'DERAL CREDIT UN. -' 325 FIRST NORTH P.O. BOX 4111 COKEVILLE, WYOMING 83114 HWY 30 WEST toanNumber 84660 Date September 2, 1992 -' POCATELLO, IDAHO 83205-4111 Mat. Date SEPTEMBER 1, 199-~ ~-__ Loan Amour[ $ 42,500.00 BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS U 'L~ ? ~1'3,O~ TRUTH-IN-LEND lNG DISCLOSURES ~ ~ ..... MEANS THE BORROWER AND "YOU" MEANS THE LENDER ~ ~'~'O L ' ' $ 61 ~ 945,39 OB do not F~ayme~ Schedule wil~ be: want an itemization. Nujmber of Payments Amount of Payments ~ When Payments Are Due ~ 5~ $ 457.00 ~iST PAYMENT DUE OCTOBER ], 1992 -- -- 1 $ 34,982.39 ~Final PAYMENT (BALLOON) DUE SEPTEMBER 1 1997 $ , $ -- $ $ [] ~ariable Rate: Icheck one below) ~] My ~oan contbins a variable rate feature, Disclosures about the variable rate feature have been provided to me earlier, ~ The annua percentage rate may increase during the term of this transaction if Any increase will take the form of If the rate increases by __ % in , the will increase to . The rate may not increase more often than once and may not ~ncrease more than % each . The rate will not go above ,(Jecarity: I am giving a security interest in: ~ (brief oescnptlon of other proBer(vi Filing/Recording Fees: $ [] the goods or property being ~)urcl~ased, FIRST DEED OF TRUST ~, collateral securing other loans with you may also secure this loan. ~ :my deposit accounts and other rights I may have to the payment of money from you. ~ ~ate Charge: If a payment is late I will be charged Prepayment: If ~ pay off this loan. early, I ~ may ~will not have to pay a penalty. ~ may ~wil not be entit~ed to a refund of pa~ of the finance charge. E~ A~um~iOn:originaiSomeoneterms,bUying my house ~ may, subject to conditions, be aflowed to ~ cannot assume the remainder of the taB.gage o~ th,~ ca~ see my contract documents for any add tional information about nonpayment, default, ny~equiredrepayment nfull before the scheduled date, and prepayment refunds penalties, means an estimat,~. CF:ED IT INSURANCE - Credit life insurance and credit disability insurance are ITEMIZATION OF AMOUNT FINANCED no{ reguired to obtain credit, and will not be provided unless I sign and agree to paythe additional costs. Amount 9iven to me directly $ Type Premium Term Amount paid on my (loan) account Credit Life Credit Disability Joint Credit Life AMOUNTS PAID TO OTHERS ON MY BEHALF' Insurance Companies $ Public Officials I. ~ do ~do 0Bt wa~ cr~diAlife i~urance, ,/ ~ -- _. ~ERICAN L~D TITLE CO 42,500.00 ~ do ~d~.m van~red isability insurance .~ _ · I I: d'~d~n~t ~ant~ntcre~t ifeinsuranco , $ $ $ I [~ do ~ do not want insurance. $ $ $ PROPERTY INSURANCE. I may obtain prope~y insurance from anyone that 's ~cceptable to you. If I get the insurance from or through you I will pay $ $ -, for of coverage. FLOOD INSURANCE · Flood insurance ~is ~ is not required. I may (less) PREPAID ;INANCECHARGE[S) $ ~0~ obtain fleod [n~uronoo from anyono that ~o ooocptabl¢ [o you. If I gel inm~rance from or through you I will pay Amount Financed $ 42~500.00 $ for of coverage. (Add all items financed and subtract prepaiC finance charges,) BY.,SIGNING BELOW -~ ,~ACKN~WLEDGE RECEIPT OF A COPY. OF THIS DISCLOSURE ON THE DATE