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HomeMy WebLinkAbout894682Return To: EquiFirst Corporation Attn: Collateral M 500 Forest Point Circle Charlotte, NC 28273 Prepared By: 89[,682 RECEIVED LINCOLN COUNTY CLERK 030CT23 FH 3:26 Johnny Jackson 500 Forest Point Circle, Charlotte, NC 28273 39 402 [Space Above Tbis Line FoL' Recording Data] MORTGAGE MIN 100200100039695410 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrun~ent" means this document, wi]ich is dated October together with all Riders to this document. (B) "Borrower" is James C. Phillips and Amy J. Phillips 22, 2003 Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that ~s acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. 396954 WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS (~®-GA(WY) ~0005}.02 VMP MORTGAGE FORMS - (BOOI521-7291 Form 3051 1/01 "' 403 (D) "Lender" is EquiFirst Corporation · Lender is a Corporation organized and existing under the laws of North Carolina Lender's address is 500 Forest Point Circle, Charlotte, NC 28273 (E) "Note" means the promissory note signed by Borrower and dated October 22, 2003 The Note states that Borrower owes Lender one hundred sixty-three thousand and 00/i00' Dollars (U.S. $163,000.00 ) plus interest. Borrower has promised to pay this debt m regular Periodic Payments and to pay the debt in full not later than October 28, 2033 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means 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. (H) "Riders" means all Riders to this Security Instrun~ent that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [-~ Adjustable Rate Rider [---] Condominium Rider [~ Second Home Rider ~] Balloon Rider ~] Planned Unit Development Rider [---] 1-4 Fmnily Rider [~ VA Rider ~ Biweekly Payment Rider ~ Other(s) [specify] Arbitration Rider ARM Floor/PrepaY Rider (I) "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. (J) "Community AssOciation Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sate transfers, automated teller mach~e transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (ND "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part o1' the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section !601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the stone 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" under RESPA. 396954 (~-6AlW Y)~ooo~1.o2 Page 2 ol I 5  Form 3051 1/01 (Q) "Successor in h]terest of Borrower" means auy party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the County of Lincoln : [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] See Attached Exhibit A Parcel ID Number: 231 Piute Drive Thayne ("Property Address"): which currently has the address of [Streetl [City] , Wyoming 83127 lZip Code] TOGETHER WITH all 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 si]all also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and'agrees that MERS holds only legal title to the interests granted by Borrower in this Security lnstrumer~t, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. 396954 (~)~-6A(W YI Iooo5).o2 Page Form 3051 1/01 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepaymeut 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. Bor,'ower shall also pay' funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the 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: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated m the Note or at such other location as may be designated by Lender m accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do sO within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note in'unediately prior to fureclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security hlstrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note: (c) amounts due under Sectiou 3. Such paynrents shall be applied to each Periodic Payment m the order m which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security lnstrun~ent, and theu to reduce the principal balance of the Note. If Lender receives a payment from 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 payment of one or more Periodic Payments, such excess may be applied to any late charges duel Voluntary prepayments 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 principal due under the Note shall not extend or postpone the due date, o,' change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a stun (the "Funds") to provide tbr payment of amounts due tbr: (a) taxes and assessments and other items which can attain priority over this Security lnstrmnent as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums tbr any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any stuns payable by Borrower to Lender in lieu of the payment of Mortgage h~surance premiums in accordance with the provisions of Section 10. These items are called "Esc,'ow Items." At origination or at any time during the term of the Loan, Lender may require that Con'ununity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all nouces of an'~ounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items Lender may waive Borrower's obligation to pay to Lender Funds tbr any or all Escrow Items at any time. Any such wmve,' may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts 396954 (~-6A(WY) ¢OOO5LO2 Page '~ o~ ,5 ~*.~ Form 3051 1/01 0 5. 4 5 52 40 6 due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If 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 shall pay to Lender all Funds, and in such amounts, that ar6 then required under this Section 3. Lender may, at auy time, collect and hold Funds m an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzirtg the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds 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. It' there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower l'or the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shatl pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly paytnents. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in lull of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, 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 Commuuity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien Which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender. but only so long as Borrower is peflbrming 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 enl"orcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. [f 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 notice identifying the 396954 Form 3051 1/01 lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set tbrth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, lbr which Lender requires insurance. This insurance shall 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 du,'ing 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 choice, which right shall not be exercised nnreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any lees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice t¥om Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any tbrm of insurance coverage, not otherwise required by Lender, for 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 additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that s.uch 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, or other third parties, retained by Borrower shall not be paid out oi' the insurance proceeds mad 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 396954 100051.02 Page6o115 ~ Form 3051 1/01 4 O 8 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for itl Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle'a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Sectioo 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to ally insurance proceeds in an amount not to exceed tile amounts unpaid under tile Note or this Security lnstrurnent, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of tile Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under tile Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower'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 Borrower's control. 7. Preservation, Maintenance and Protection of tile Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow tile Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent-the Property t¥om deteriorating or decreasing in value due tO its condition. Unless it is determined pursuant to Sectiou 5 that repair or restoration is not economically'feasible, Borrower shall promptly repair 'the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection 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 in a series of progress payments as the work is completed. If the insurance or condemnation 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 tile Property. If it has reasonable cause,' Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan applicatiou 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 information or statements to Lender (or failed to provide Lender with material intbrmation) in connection with the Loan. Material representations include, but are not limited 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 perform 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, tbr condemnation or forfeiture, for enforcement of a lien which may attaio priority over this Security Instrument or to entbrce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do aod pay tbr whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/Or assessing thex value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable 396954 Initials:/e ~ (~-6A(WY) (000SI.02 P*.e 7 of l S ~ Form 3051 1/01 attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water fi'om pipes, eliminate building or other code violations or dange,'ous 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 duty or obligation to do so. It is agreed that Lender incurs no liability tbr 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 Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with suct! interest, upon notice fi-mn Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the lee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lerider required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in elYect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums fur Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in et'/'ecl, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously m 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 of Mortgage Insurance. Such loss reserve shall be ,mn-refundable, riotwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no louger require loss reserve payments if Mortgage Insurance coverage (in the amount and /'or 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 lnake separately designated payments toward the premiums for Mortgage Insurance, Borrower shall 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 Borrower m~d Lender providing for such termination or until te,'mination is required by Applicable Law. Nothing in this Section 10 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) tbr certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in/brce 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 terng and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insnrer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments tbr Mortgage Insurance, in exchange tbr sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agree~nents will not affect the amounts that Borrower has agreed to pay for Mortgage h~surance, or any other terms of the Loan. Such agreements will not increase the amotmt Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 396954 410 (b) Any such agreements ;viii not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the .Homeowners Protection Act of 1998 or any other law. These rights nmy include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assigmnent of 'Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Leader 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 pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay 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, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property. i.n which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amonnt 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 traction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the lair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair nmrket value of the Property in'unediately before the partial taking, destruction, or loss in value is less than the amount of the stuns secured in~nediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the suurs secured by this Security Instrument, 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 action or proceeding, whether civil or criminal, is begun that, in Lender's judg~nent, 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, precludes lbrfeiture of the Property or other material impairu]ent of Lender's interest in the Property or rights under this Security h~strument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair 0f the Property shall be applied in the order provided for in Section 2. 396954 Form 3051 1/01 " 411 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time Ibr payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest or' Borrower or to refuse to extend time for payment or otherwise modify amortization of tbe sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower: Any Ibrbearance by Lender in exercising any rigl!t or remedy including, will, out limitation, Lender's acceptance of payments fi'om third persons, entities or Successors in Interest of Borrower or in amounts less titan 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 and 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, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accon~-nodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor iu Interest of Borrower who assumes Borrower's obligations under this Security Instrument m writing, aud is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security lnstrumelm Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing, The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower tees for services perlbrmed in connection with Borrower's default, tbr the purpose of protecting Lender's interest in the Property and rights under Ibis Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific tee to Borrower shall not be construed as a prohibition on the charging of such tee. Lender may not charge tees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, m~d 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 reduced by the anmunt necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct paylnent to Borrower. If a refund 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 the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action 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 Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by nolice to Lender. Borrowe,' shall promptly notify Lender of Borrower's change of address. It' Lender specifies a procedure tbr reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any oue rune. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 396954 (~-6AiWY) 10oo5).o2 Page lo o~ ~6 ~ }, ~"') Fo.n 3051 1/01 16. Governing Law; Severability; Rules of Construction. This Security Il~strument 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 Instrmnent are subject to any requirements and limitations of APplicable Law. Applicable Law might 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, snch conHict shall not affect other provisions of this Security Instrument or the Note which can be given effect without tile conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine geuder; (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. ~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 ill the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond tbr deed, contract for deed, instalhuent 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 tile Property or any Interest m 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 ill 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 sum§ secured by this Security Instrument. If Borrower hils to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have en{brcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale coutained in this Security Instrument; (b) such other period as Applicable Law might specify for the 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 would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses recurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest m 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 and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reiustatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institutiou whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security 10strument and obligatious 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 under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest m 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 (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument. and Applicable Law. There also might be one or more changes of the Loan Servicer uurelated 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 396954 ~>-6AIWY) (0005 02 Pa~e ,, ol ;5 Form 3051 1/01 413 requires in connection with a notice of transfer of servicing. If the Note is sold and the,'eafler the Loan is .serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obhgations to Borrower will remain with the Loan 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 /'rom the other party'S actions pursuant to this Security Instrmnent or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and aftbrded 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 elapse betbre certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the tbllowing substances: gasoline, kerosene, other Ilanmmble or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Enviromnental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or enviro~m~ental Protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an E,wironmental 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 o,- in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Enviromnental Law, (b) which creates an Enviromnental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govermnental or regulatory agency or private party involving the Property and any Hazardous Substance or Envirmm~ental Law of which Borrower has actual 'knowledge, (b) any Enviromnental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. 'If Borrower learns, or is notified by any governmental 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 in accordance with Enviro,m~ental Law. Nothing herein shall create any obligation On Lender tbr an Enviromnental Cleanup. ~ 396954 Initlals~ (~/~®6A(WY) 100051.02 Page 12 of 15 Form 3051 1/01 414 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 II~strument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cnre the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by wbicb the default must be cured; and (d) that failure to cure the default on or before the date specified in the uotice may result in acceleration of the sums secured by this Secnrity Instrument and sale of the Property. The notice shall further inforln Borrower of tile 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 the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Secnrity Instrument without further denmnd and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,' includiug, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes tile power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of tile Property, if different, in accordance with Applicable Law. Lender shall give uotice of tile sale to Borrower in tile manner provided in Section 15. Lender shall lmblisb the notice of sale, and tile Property shall be sold in thc manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of tile sale shall be applied ill the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (h) to all sums secnred by this Security Instrument; and (c) any excess to tile person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security lnstrmnent, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Iustrument, but only if the lee is paid to a third party for services rendered and the charging of the tee ~s permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws o[ Wyoming. 396954 Form 3051 1/01 415 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in Security Instrumeni and in any Rider executed by Borrower and recorded with it. Witnesses: ~ames C Phillips [ -Borrower Amy J Phillips -Borrower (Seal) -Borrower (Seal) -~orrow~! (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 396954 (~6A(WY) Iooo5~.o2 Page 14 ol I 5 Form 3051 1/01 STATE OF WYOMING, County ss: 6y,J/~ The foregoing instrument was acknowledged betbre me this 22nd day of October, 2003 by James C Phillips a Amy g PhilLips 396954 Page15o[I5 Form 3051 1/01 Lot 95 of the Prater Canyon Estates Unit 4, Lincoln County, Wyoming as described on the official plat thereof. 418 ADJUSTABLE RATE RIDER to Security Instrument (LIBOR 6 Month Index - As Published iii The I'VMIo°treet Journal- Rate Caps) (To Be Recorded Together with Security Instrt, ment) THIS ADJUSTABLE RATE RIDER is made this 22nd day of October, 2003 and incorporated into and shall be deemed to amend and supplement tile Mortgage, Deed of Trnst or Security Deed (the "Security Instrument") of the same date given by tile undersigned (the "Borrower") Io secnre Borrower's Adjustable Rate Note (tile "Note") to EquiFirsl Corporation (the "Lender") of tile same date and covering tile property described in the Security Instrument and located at: 231 Piute Drive, Thayne, WY 83127 (property address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CItANGES IN THE INTEREST RATE AND TIlE MONTItLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CItANGE AT ANY ONE TIME AND THE MAXIMUM AND MINIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to tile covenants and agreements made in tile Security Instrument, Borrower and Lender fnrtber covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES Tile Note provides for an initial interest rate of 5.550 %. The Note provides for changes in tile interest rate and the monthly payment as follows: (A) Change Dates Tile interest rate I will pay may change on October 28, 2005 and on that day every si.xth month thereafter. Each date on which ,ny interest rate could change is called a "Change (B) The Index Beginning with tile first Change Date, my interest rate will be based on an Index. Tile "Index" is the average of interbank offered rates lb,' six-month U:S. dollar-denominated deposits in tile London market ("LIBOR"), as published in The ~'l/all ~l/'eel .h)ttrn~/l. The mosl recent Index figure available as of the first business day of tile month immediately preceding the month is which tile Change Date occurs is the "Current Index. If the Index is Ilo longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Itolder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, The Note HOlder will calculate my new interest rate by adding 5.350 percentage points (5.350 %) to the Current Index. Tile Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amouut will be my interest rate until the next Change Date. Tile Note Holder will then determine tile amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in fidl on the Maturity Date at my new interest ,'ate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The intrudes, rate I am required to pay at tile first Change Date wilt ,lot be greater than 8.550% or less than 5.550%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point(s) (1.00%) tile ,'ate of interest I have been paying for the preceding six months. My interest rate will never be greater than I 1.550 % or less than the initial interest rate provided fo,' in Section 2 of,bis Note. 396954 EF061 [ (05/02) Page 1 of 2 (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount' of my new monthly payment begin,ting on the first mo,~thly payment date after the Change Date until the amount of my monthly payment changes again. 419 (F) Notice of Changes The Note Holder will deliver or ,nail to me a notice of any changes in my new interest ,'ate and tile amount of my monthly payment before the effective date of any change. Tile notice will include information required by law to be given me and also the title and telephone number ora person who will answer any question I ,nay have regarding the notice. B. TRANSFER OFTHE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 oftl~e Security [nstmnlent is amended to read as follows: Transfer of P,'operty or a Beneficial Interest in Borrower. If all or any part of the prope,'ty or any interest in it is sold or transfe,-red (or ifa beneficial' interest in Borrower is sold or t,'ansferred and Borrower is not a natural person), without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all st,ms secured by this Security 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. Lender also shall ,lot exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lende,' to evaluate the intended transferee as if a new loan were being made to the transfet'ee; aud (b) Lender reasonably determines that Lender's security will ,lot be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender ,nay charge a reasonable fee as a condition to Lender's consent to the loan asst,mption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates to the transferee to keep all the promises and agreements made in the Note and in the Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. Tile notice shall provide a period of not less than 30 days fi'om the date the notice is delivered or ,nailed wi,bin which Borrower mt,st pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to tile expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. ~mmes C Phillips ips 396954 EF0612 (5/02) Page 2 of 2 ,'120 ADJUSTABLE RATE INTEREST RATE FLOOR & PREPAYMENT PENALTY Rider to Security Instrument (To Be Recorded Together with Security h~stl'ument) This ADJUSTABLE INTEREST RATE FLOOR & PREPAYMENT PENALTY RIDER (the "Rider") is made this 22nd day of October, 2003, and amends the Mortgage, Deed of Trust or SecurityDeed (the "Security Instrument") dated tile same date and given by the person(s) who signs below (tile "Borrower(s)") to EquiFirst Corporation (the "Lender") to secure prepayment of a Note ill tile amount of U.S. $ 163,000.00: Ill addition to the agreements and provisions made in tile Note and the Security Instrument. and notwithstanding any provisions to the contrary contained ill said Note or the Security Instrument, both the Borrower(s) and the Lender further agree as follows ADJUSTABLE INTEREST RATE FLOOR This loan has an Interest Rate "Floor" which will limit the amount the luterest Rate can decrease. Regardless of any changes in the index, the Interest Rate during the term of'this loan will never be less than the initial Interest Rate provided roi' ill Section 2 o£the Note. PREPAYMENT PENALTY Ill prepay this loan ill full within 2 year(s) from the date of this loan, I agree to pay a prepayment penalty in an amount equal to 6.00% of the balance of the loan outstanding on the date of'prepayment. This amot, nt, known as a prepayment penalty, will be in addition to any other amounts I may owe under the provisions of the Note or the Security Instrument that secures the Note. If'l make a prepayment in full on or after the 2nd anniversary date of the Note. the Note Holder will impose no prepayment penalty. Phillips / Amy J Phillips 396954 EF058 (05/02) ARBITRATION RIDER 4 2 1 (To Be Recorded Together with Security Instrument) THIS RIDER is made this 22nd day of October 2003 aad is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Secn~ity Instrument") of the same date given by tile undersigned (the "Bon'ower") to secnre Borrower's Note (tile "Note") to EqniFirst Corporation (tile "Lender") of the same date and covering tile property described in tile Security Instrument and located at 231 Piute Drive, Thayne, WY 83127 (Property Address) As used in this Rider, tile term "Lender" includes Lender's successors and assigns and tile company servicing the Note on Lender's behalf. ADDITIONAL COVENANTS. In addition to tile covenants and agreements made i,~ the Security Instrument, Borrower and Lender fi,-ther covenant and agree as follows: ARBITRATION OF DISPUTES. Any claim, dispute or controversy (whether in contract, tort, or otherwise) arising from or related to the loan evidenced by tile Note, including but not limited to all statutory claims, any claim, dispute or controversy that may arise out of or is based on the relationships which result fi'om the Borrower's application to the lender for tile loan, the closing of the loan, or the servicing of the loan, or aay dispute or controversy ove~ the applicability or enforceability of this arbitration agreement or the entire agreement between Borrower and Lender (collectively "claim"), shall be resolved, upon the election of either ' Borrower or Lender, by binding arbitration, and not by court action, except as provided under "Exclusions fi-om Arbitration" below. This arbitration agreement' is made pursuant to a transaction invOlving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. Sections 1-16) and the Code of Procedure of tile National Arbitratioa Forum in effect at the time a claim is filed. Copies of the arbitration rules and forms can be obtained and any claims can be filed at any National Arbitratioa Forum office, at P.O. Box 50191, Minneapolis, MN 55404, on the World Wide Web at www.a,'b-forum.com or by calling (800) 474-2371. This agreement to arbitrate shall apply no matter by whom or against whom a claim is made. Any election to arbitrate may be made at any time, regardless of whether a lawsuit bas been filed or not, and such party making tile election may bring a motion in any court having ju,'isdiction to compel arbitration of any claim and/or to stay the litigation of any claim peading arbitration. Any participatory arbitration hearing will take place in the federal judicial district of the Borrower's residence, unless a different location is agreed to by Borrower and Lender. At Borrower's request, Lender will advance the first $150 of tile filing and hearing fees for aay claim which the Borrower may file against the Lender. The arbitrator will decide which party will ultimately be responsible for paying these fees. All claims between the Borrower and Lender shall be arbitrated individually, and shall not be subject to being joined or combined in any proceeding with any claims of any pe,-sons, o,' class of persons other than Borrower or Lender. The arbitrator shall apply relevant law and provide w,-itten, reasoned findings of fact and conclusions of law. Judgment upon tile award rendered by the arbitrator may be entered in any court baying jurisdiction. EXCLUSIONS FROM ARBITRATION. This arbitration agreement shall not apply to rights or obligations under the loan documents that allow the Lender to foreclose or otherwise take possession of property securing the loan, including repossession, foreclose or unlawfi~l detainer. Nor shall it be constrned to prevent any party's use of bankruptcy or judicial foreclosure. No provision of this agreement shall limit the right of the Borrower to exercise Borrower's rights under the Uniform Covenant labeled "Borrower's Right tO reinstate". Subject to these limitations, this arbitration agreement will snrvive the pay-off of tile loan. SEVERABILITY. If tile arbitrator or any court determines that one or more temls of this arbitration agreement or the arbitration Code are unenforceable, such determination shall not impair or affect the enforceability of the other terms of this arbitration agreement or the arbitration Code. 396954 EF045 (5/02) Page 1 of 2 4,22 NOTICE: WHEN YOU SIGN THIS ARBITRATION RIDER, YOU ARE AGREEING THAT EVERY DISPUTE DESCRIBED ABOVE MAY BE DECIDED EXCLUSIVELY BY ARBITRATION. YOU ARE GIVING UP RIGHTS YOU MIGHT HAVE TO LITIGATE THOSE CLAIMS AND DISPUTES IN A COURT OR JURY TRIAL OR TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN CONNECTION WITH A CLAIM OR DISPUTE. DISCOVERY IN ARBITRATION PROCEEDINGS IS LIMITED IN THE MANNER PROVIDED BY THIS AGREEMENT AND THE RULES OF ARBITRATION. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE 1N ARBITRATION. 'IT IS IMPORTANT THAT YOU READ THIS ENTIRE ARBITRATION AGREEMENT CAREFULLY BEFORE SIGNING THIS ARBITRATION RIDER. BY SIGNING BELOW, Borrower accepts and agrees to the provisions contained in this Rider. ~,lames C Phillips 396954 EF0452 5/02'~ Page 2 of 2 ,423 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 2 2nd day of October, 2003 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the san]e date, given by the undersigned (the "Borrower") to secure Borrower's Note to EquiFirst Corporation "Lender"' (the of the same date and covering t!~e Property described in the Security Instrument and located at: 231 Piute Drive, Thayne, WY 83127 [Property Address] The Property includes, but is not limfted to, a parcel of land imProved with a dwelling, together with other such parcels and certain common areas and facilities, as described in (the "Declaration"). The Property is a part of a planned unit development known as Star Valley Ranch [Name of Planned Unit Development] (the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations, Borrower shall Perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation, trust instrument or any eqUivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments in]posed pursuant to the Constituent Documents. 396954 MULTISTATE PUD RIDER - Single Family- Fannie Mae/Freddie Mac UNIFORNI INSTRUMENT Form 3150 1/01 Page1 of 3 in iii als~,/~7 (~I,~TR (0008) VMP MORTGAGE FORMS -(800)521-7291 396954 424 B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, for which Lender requires insurance, then: (i) Lender waives the provision in Section 3 tbr the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to conu'non areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the SecUrity Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in tbrm, amount, and extent of coverage to Lender. D. Condenmation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any pa,'t of the Property or the common areas and facilities of the PUD, or for any conveyance m lieu of condenmation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section I l. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condenmation or eminent domain; (ii) any amendment to any provision of the "Constituent Documents" if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay then'x. Any mnounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 396954 0oo 1 Page 2 of 3 Form 3150 1101 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this PUD Rider. ~]~ ~' ~/'~/~'~z'"'-r--(Seal)r ~ ~ ~ '. ~ (Seal) James C Phillips -Borrower ~y J Phillips -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower 396954 Page 3 of 3 Form 3150 1/01