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HomeMy WebLinkAbout89901030537 ~Remm To: Town and Country. credit Corp. 2010 blain St., Suite 800, Irvine, CA 92614 · Prepared By: Town and COuntry 8990 0 Credit Corp. RECEIVED LINCOLN()OUf"~TY CLERK Sereiratha Prak 2010 Main Street, Ste. 700,Irvine, CA 92614 BOOK . ]Space Above This Li.e For Rcco,'diug Data] MORTGAGE 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 tile usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated April 23, 2004 together with all Riders to this document. (B) "Borrower" is Bob L. FolsOm and Cynthia S. Folsom, wife, as tenants by the entireties husband and Bom'ewer is the mortgagor tinder this Security Instrument. (C) "Lender" is Town and Country Credit Corp. WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 04/23/2004 5:40:23 AM6WY (O311) '~"~"~ .~ Panel of 15 'niti al 's's's's's's's's'~ VMP Mortgage Solutions (800)521-7291 0 .,4~) ~~-''' Form 3051 1101 0077528487 -60086 7777777707070700076765242717744400767363 4600647730073331741465105600776241717560 1001077 730054611107 02o Lender is a Corporation organized and existing under the laws of Delaware Lender's address is 2010 blain St., Suite 800 Irvi'ne, CA 92614 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Bon'ower and dated april 23, 2004 The Note states that Bon'ower owes Lender one hundred f±ft¥-three thousand and 00/100 Dollars (U.S. $ 153,000.00 ) plus interest. Borrower has pro~nised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May 1, 2034 (E) "Property" means the property that is described below nnder the heading "Transfer of Rights in the Property." (F) "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. (G) "Riders" means all Riders to this Security Instrmnent that are executed by Borrower. The following Riders are to be executed by Bon'ower [check box as applicable]: [-~ Adjustable Rate Rider [--q Condominium Rider [~ Second Home Rider ~ Balloon Rider ~-] Planned Unit Development Rider ~-q 1-4 Family Rider [---] VA Rider ~-] Biweekly Payment Rider ~ Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and adnfinistrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Bon'ower or the Property by a condominium association, homeowners association or similar organization (J) "Electronic Funds Transtar" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an elec~onic tenninal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial insttmnon to debit or credit an account. Such te~m includes, but is not limited to, point-of-sale transfers, automated teller machine ~ansactions, transfers initiated by telephone, wire ~'ansfers, and automated clearinghouse ~ansfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any thkd pa~ (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnahon or other taking of all or any pate of the ProperW; (iii) conveyance in lieu of condemnation; or (iv) nnsrepresentations of, or omissions as to, the value and/or condition of the Propet~y. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "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 SecuriW Instrument. AM6WY(03~I) Pa~2of15 0 ~ Form 3051 1/01 0077528487-60086 04/23/2004 5'40:23 7777777707070700076765242717744400767363 4600647730072320650475114600776241717560 1001077 6300557 (O) "RESPA" means the Real Estate Settlement Procedm'es Act (12 U.s.c. Section 2601 et seq.) and' its implementing regulation, Regulation X (24 C.F.t~. Part 3500), ak tliey might be axnended fi'om time to tithe, or any, additional or Successor legislation or regulation that governs the same subject matter. As used in this Security Instrmnent, "iLESPA" refers to all requirements and restrictions that· are imposed in regard to a "federally related mortgag~ loan" even if the Loan does not qualify as a "federally related mortgage loau" under RESPA. (P) "Successor-in Interest of Borrower" means any pmly that has taken title to the Property, whether or not that party, has assmned. Borro~er% obligations under the Note and/or this~ Security Instrmnent. TRANSFER OF RIGHTS IN THE PROPERTY .Tliis Secnrity I~strument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note;' and (ii) the perfomaance of Bon:ower's covenants and agreements under this Security Instrument:and the Note. For this pm-pose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property located in the '. C.oun ky ' of LINCOLN [.Type of Recording. Ju;'i~dict on] [Name of Recording Jmisdiction] Legal. Descript.ion Attached Hereto and Hadea Part Hereol;. L arce!.rD Number';,,.32 ~.92'42.0001 60'0 which currently has the address of" 16 ~ ~ee ~dont Drive ' Alton [Street] ("Properly Address,): [Cityl, Wyoming 133110 (Zip Code] · TOGETHER ~ZlTH all the'improvements now or hereafter erected on the propmty, and all 'easemerits, appurtenapces, and fixtures now or hereafter a pm1 of the prope'~ty. All i'eplaeements and additions shall also be covered by this Security Inshnment. All of the foregoing is refen'ed to in this Security }nshxtment as the p~7operty. - BORROWER. COVENANTS that Bon'ower i~ lawfully seised of the estate hereby conveyed and'has the right to mm~gage, grant and convey the Propmty an'd that the Property is unencdmbered, except for encu, mbrances of,record. B0n-ower v~alxants, and will defend generally the title to the Ploperty' against all claims and demands, subject to'any encumbrances of record. AMGWY (o311) · ' , Indial~: ' Page3°[15 · L$/~)-"r , Form 3051' 1/01 04/23/2004 .5:~40:23 0077528487 -60086 7777777707070700076765242717744400767363 46006477300733316504641'15610776241717560' 100107 ~4~3~7S~9~ p~a%q ~ ~ ~0533 730055600107 THIS SECURITY iNSTRUMENT combines unifom~ covenants for national use and non-uniform covenants with linfited variations by jurisdiction to constitute a uniform security instrument coveriug real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Iuterest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, 'and interest on, the debt evidenced by the Note and auy prepayment charges and late charges due tinder the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instnunent shall be made in U.S. currency. However, if any check or other instrnment received by Lender as payment under the Note or this- Secm'ity Instrument is returned to Lender unpaid, Lender ma)) require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following lomas, 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 Trausfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial paymeuts 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 refilse 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 fnnds until Borrower makes payment to bring the Loau cnn'ent. If Borrower does not do so within a reasonable period of time, Lender shall either apply such fimds or return them to Borrower. If not applied earlier, such fimds will be applied to the outstanding principal balance under the Note inm~ediately prior to foreclosure. No oft'set or claim which Borrower might have now or in the future against Lender shall relieve Borrower from nraking payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all paynrents accepted and applied by Lender shall be applied in the [bllowing order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amouuts due under Section 3. Such paynrents shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives 'a payment from Borrower for a 'deliuquent Periodic Payment which inch, des a sufficient amount to pay any late charge due, the payment may be applied to the delinquent pay~nent and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received fi'om Bon'ower to the repayment of the Periodic Payments it; 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 fidl payment of one or more Periodic Payments, such excess may be applied to any late charges due. 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, or 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 fidl, a sum (the "Funds") to provide for payment of amounts due tbr: (a) taxes and assessments and other items which can attain priority over this Secuhty Inst~'ument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premmms for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance prenaiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insm:ance prenfiums ill accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and AM6WY (0311) Page4ol'15 (~ zoo ~ Form 3051 1101 0077528487-60086 04/23/2004 5'40:23 777777770707070007.6765242717744400767363 4600647730073331641475105600776241717560 1001077 621 5,_ Assessments, if any, be escrowed by Bon'ower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall pronrptly furnish to Lender all notices of amounts to be paid nuder this Section.. Bon-ower shall pay Lender the Funds for Escrow Items unless Lender waives Bon'ower's obligation to pay the Funds for auy or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds roi' any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items fol- which payment of Funds has been waived by Lend.er and, if Leuder requires, shall fiu-nish to Lender receipts evidencing such payment witlfin such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all proposes be deemed to be a covenant and agreement contah~ed in this Security Instrument, as the plu'ase "covenant and agreement" is used in Section 9. if Bm-rower is obligated to pay Escrow Items directly, pursuaut to a waiver, and Bon-ower 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 nnder Section 9 to repay to Lender any such amount. Lender may ]'evoke · 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 Ftmds, and m such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amonut (a) sufficient to pemait Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maxinmm 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 furore 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 entiW (including Lender, if Lender is ali institution whose' deposits are so insm'ed) or in any Federal Home Loan Bamk. Lender shall apply tile Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall uot charge Bon'ower for holding and applyiug the Funds, ammally analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Bon'ower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made m writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Bon-ower any interest or earnings on the Funds. Borrower and Lender can agree m writing, however, that interest shall be paid on the Funds. Lender shall give to Bon'ower, without charge, an a,mual accounting of the Funds as required by RESPA. If there is a sulplns of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess fimds in accordance with RESPA. If there is a shortage of Ftmds 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 shortage in accordance with RESPA, but m no more than 12 monthly payments. 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 fidl 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 atta'ibntable to tile Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Cmnmunity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Bon'ower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Securijy Instrument unless Bon'ower: (a) agrees in writing to the payment of the obligation secured by the lien in a manuer acceptable to Lender, but only so long as Borrower is perfornfing such agreemeut; (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 enfol'cement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the bolder of the lien an agreemeut satisfactop/ to Lender subm'dinatmg the Inilial$ AM6WY (0311) Page5of15 ~ ~ ~- Form 3051 1/01 0077528487-60086 04/23/2004 5:40:23 7777777707070700076765242717744400767363 6oo64773oo7323 65o464ot57 o77624m75 o 1001077o4070~3~7552~p003~q~0552730055711007 lien to this Security Instrufirent. If Lender deternrines 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 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 forth 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 cmmection 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, for which Lender requires insnrance. 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 dnring the term of the Loan. The insurance can'ier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised um'easonably. Lender may reqnire 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 subseqnent charges each time remappings or similar changes occnr which reasonably might affect such detemfination or certification. Borrower shall also be responsible for the payment of any tees imposed by the Federal Emergency Management Agency in comtection 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 pnrchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but nught or might not protect Borrower, Borrower's equity in the Property, or the contents of the Properly, against any risk, hazard or liability and nright provide greater or lesser coverage than was previously in effect. Borrower .acl~owledges that the cost of the insurance coverage so obtained lnight 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 fi'om the date of disbursement and shall be payable, with sncb interest, npon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of snch policies shall be sobject to Lender's right to disapprove such policies, shall include a standard mortgage clanse, 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 fornr of insurance coverage, not otherwise required by Lender, for damage to, or destrnction 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, Bon'ower 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 Bon'ower 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. Doting such repair and restoration period, Lender shall have the ,-ight to hold such insurance proceeds nntil Lender has had an opportunity to inspect such Pl'opetly to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single psyment 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, £ender shall not be required to pay Bon'ower any h~terest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Bon'ower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Inst~xnnent, whetlier or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. AM6WY (o311) Page6o]15 ~.~ ~O0 ¢ Form 3051 1/01 0077528487-60086 04/23/2004 5:40:23 7777777707070700076765242717744400767363 4600647730073331641465114610776241717560 100107704'2'41 J3'7'5'601uu~uut/ozu4u poO3~q ~ ~ ~b205h3730154 710007 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 tnay 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 Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amonnts unpaid under the Note or this Security Instmn~ent, 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 the Property. Lender may use fl~e insurance proceeds either to repair or restore the Property or to pay amonnts unpaid under the Note or this Secnrity Instrument, whefl~er 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 contint, e to occupy the Propen'y as Borrower's principal residence for at least one year after the date of occupancy, nnless Lender otherwise agrees in writing, which consent shall not be um'easonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Bon-ower shall not destroy, damage or impatr the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property m order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is deternfined pursuant to Section 5 that repair or restoration is not econonfically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioranon or damage. If insurance or condenmation proceeds are paid in cmmection 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 enmes upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the nnprovements 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. Bo1xower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Bon'ower's knowledge or consent gave materially false, misleading, or inaccurate infommtion or statements to Lender (or failed to provide Lender with material information) in connection wifl'~ thc Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Bon-ower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrnment. If (a) Borrower fails to perfom~ tile 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 nnder this ~ Security Insn'ument (such a~ a proceeding in banlm~ptcy, probate, for condemnation or forfeiture, lbr enforcement of a lien which may attain priority over this Security h~stmment or to enIbrce laws or regulations), m' (c) Borrower has abandoned the Property, theu Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in tile Property and rights under this Security Instruinent, including protechng and/or assessing the 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 attorneys' tees to protect its interest in the Property and/or rights under this Security Instrnment, including its secured position m 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 from pipes, eliminate building or oilier code violations or dangerous conditions, and have utilities turned on or off. Although AM6WY (0311) Page 7 ot 15 ~?~,~ ;;~ Form 3051 1/01 0077528487-60086 04/23/2004 5:40:23 7777777707070700076765242717744400767363 4600647730072330651465115600776241717560 100107704070~7¥5,52~003~q~473631045711107 228 Lender may take action under this Section 91 Lender does not have to do so and is not tinder any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional: debt of BolTower secured by this Security Instrument. These amounts shall bear interest at the Note rate fi'om the date of disbursement and shall be payable, with such iuterest, upon notice fi'onr 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 fee title shall not merge nnless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. 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 Bon'ower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, fi'om an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use aud retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding 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 longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mm-tgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the prenfiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refi~ndable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until ternfination 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) for 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 force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insm'er and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of fiinds that the mortgage insurer may have available (which may include funds obtained fi'om Mortgage Insurance premiums). As a result of these agreenrents, Lender, any purctmser 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 fi'om (or nfight be characterized as) a portion of Bon'ower's payments for Mortgage Insurance, in exchange for 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." Fm'ther: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. AM6WY (o~ ~) Pa9eaof~5 ~ (~L/ Form 3051 1/01 0077528487-60086 04/23/2004 5:40::23 7777777707070700076765242717744400767363 4600647730072230640564115700776241717560 1001077 620045711007 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to tile Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may 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 tbe ti~ne of such cancellation o,' termination. 11. Assignment 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 econonrically feasible and Lender's security ~s not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for tile 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 h~strun~ent, 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 partihl taking, destruction, or loss in value of the Property in'which the fair market value of the Property inm~ediately before file partial taking, destruction, or loss in value is equal to or greater titan the amount of the sums secured by this Security Instrument inm~ediately 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 fraction: (a) the total amount of the sums secured inm~ediately before the partial taking, destrnction, or loss in value divided by (b) the fair market value of the Property inm~ediately 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 market value of the Property imnrediately before fl~e partial taking, destruction, or loss in value is less than the arnount of the sums secured inmaediately 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 ihe 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 sums 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 Bon'oxver 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 judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Bon'ower 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 forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Leuder's interest in the Property are hereby assigned and shall be paid to Lender. AM6WY (0311) Page 9 ot 15 {~ ~ ~ Form 3051 1/01 0077528487-60086 04/23/2004 5:4'0:23' 7777777707070700076765242717744400767363 4600647730073220741464115710776241717560 10010770%~7~003~q~0%3730045610007 All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Bon-ower or any Successors iu Interest of Borrower. Lender shall not be required to con.hence proceediugs against any Successor in Interest of Borrower or to refi~se to extend tmre fol' payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the m'iginal Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments fi'om third persons, entities or Successors in Interest of Borrower or in amounts less than the amount tbeu due, shall not be a waive]' 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 Bon'ower'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-siguer"): (a) is co-signing this Security Iustrmnent only to nrortgage, grant and convey the co-signer's interest in the Property under the reims of this Security h~strument; (b) is not personally obligated to pay the sums secured by this Security. Instrument; and (c) agrees that Lender and any other Borrower cau agree to exteud, modify, forbear or make any accommodations with regard to the terms of tiffs Secnrity Instrument or tile Note without tile co-signer's consent. Snbject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this SecuritY Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall 'not be released ii-om Borrower's obligations and liability under this Security h~strument 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 fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, bnt uot limited to, attorneys' fees, property inspection and valuatiou fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are' expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally iuterpreted so that the interest or other loan charges collected or to be collected in co]mection with the Loan exceed the pemfitted limits, then: (a) any such loan charge shall be reduced by the amount necessaly to reduce the charge to the permitted limit; and (b) any sums already collected fi'om Borrower which exceeded permitted linfits will be refi~nded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Bon'ower. If a retired 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 Bon'ower will constitute a waiver of any right of action Borrower might have arisiug out of sucb overcharge. 15. Notices. All notices given by Bon'ower or Lender in connection with tiffs Security lnstrumeut nmst be h~ writing. Any notice to Borrower m com~ection with this Security Instmn~ent 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 tmless Applicable Law expressly requires otherwise. Tile notice address shall be tbe Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure roi- reporting Borrower's change of address, then Borrower shall only report a chauge of address tlu'ough that specified procedure. There may be only one designated notice address under this Secnrity Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Leuder's address stated herein unless AM6WY(o31B Page10 ol'15 0 ~:~ Form 3051 1/01 0077528487-60086 04/23/2004 5:40:23 7777777707070700076765242717744400766362 5611756620072321750465115710776241717560 1001077 62114571 p0%q 0007 Lender has designated another address by notice to Borrower. Any notice m connection with this Secmity Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrumei~t is also required under Applicable Law, the Applicable Law reqmrement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rigi~ts and obligations contained in this Security Instrument 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 conn'act. In the event that any provision or clause of this Security Instalment or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instn~mem 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 gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion withom any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not linfited to, those beneficial interests t]'ansferred in a bond roi' deed, corm'act lbr deed, installment sales conn'act or escrow agreement, the intent of which is the transfer of title by Bon'ower at a fi~ture date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transfen'ed (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 paylnent in fidl 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 nouce of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrmnent. If Bon'ower fails to pay these sums prior to the expiration of this period, Lender may revoke any remedies pemfitted by this Secmity Insu'ument without fm'ther 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 enforcement 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 contained 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 Bon'ower: (a) pays Lender all sums which then would be due under this Security Instrmnent and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incun'ed for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes snch action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Seculity Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement snms 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 institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occun'ed. However, this right to reinstate shall not apply in the case of acceleration under Section 18. AM6W¥(0311) P. ge 11 oi'15 (~ _<~ ¢ 0077528487-60086 04/23/2004 5:40:23 Form 3051 1/01 7777777707070700076765242717744400766362 5611756620073331741465105600776241717560 100107Z 631155701007 20. Sale of Note; Change of Loan Servicer; Notice of Grievauce. The Note or a partial interest in the Note (together with this Security Instrument) can be sold oue or more runes without prior notice to Borrower. A sale might result in a change in the entity (~mwn as the "Loan Servicer") that collects Periodic Payments dne under the Note and this Security Instrument and pei-fom~s 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 urn'elated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in com~ection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Bon-ower will remain with the Loan Servicer or be ta'ansferred 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 conm~ence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises fi'om the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any dnty 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 Sectiou 15) of such alleged bleach and af£orded 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 before 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 con'ective 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 Enviromnental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fm-maldehyde, and radioactive materials; (b) "Environmental Law" rneans federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Enviromnental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Enviromnental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or tM'eaten to release any Hazardous Substances, on or in the Property. Bon'ower 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 Enviro~m~ental 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 Properly. 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 maintenauce of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender writlen notice of (a) any investigation, claim, demand, lawsuit or other action by any govenm~ental or regulatory agency or private party involving the Property and any Hazardous. Substance or Enviroumental Law of which Borrower has actual Mmwledge, (b) any Enviro~mrental Condition, including but not linfited 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 govenunental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessaw, Borrower shall pro~nptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Enviro~nnental Cleanup. AM6WY(o3,,) Page,~o,,5 ~ .~ ~ Form 3051 1/01 0077528487 -60086 04/23/2004 5:40:23 7777777707070700076765242717744400766362 5611756620072320650475114600776241717560 100107704020~¢~'~¢&~q~i523731145601007 NON-UNIFORM COVENANTS. Bon'ower and Lender timber covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleratiou following Borrower's breach of any covenant or agreement in this Secretly Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The uotice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failm-e to cm'e the default on or before the date specified in the notice may result in acceleration of tbe sums secured by this Security Instrument aud 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 uon-existence of a default or any otber defense o1' Borrower to acceleration and sale. If tbe default is not cured ou or before the date specified in tbe notice, Lender at its optiou may require immediate payment itt lull of all sums secured by tbis Security Instrument witbou! further demand and may iuvoke the power of sale and any other remedies pernfitted by Applicable Law. Lender shall be entitled to collect all expeuses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' tees and costs of title evidence. If Lender invokes tbe power of sale, Lende'r shall give notice of iutent to foreclose to Borrower and to the person in possession of the Property, if differeut, m accordauce with Applicable Law. Lender sball give notice of the sale to Borrower in tbe manner provided iu Section 15. Lender shall publish the notice of sale, and the. Property sball be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. Tim proceeds of the sale shall be applied iu the following order: (a) to all expenses of the sale, includiug, but not limited to, reasonable attorneys' lees; (b) to all sums secured by this Security Iustrument; and (c) an), excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is pem~itted uuder Applicable Law. 24. Waivers. Borrower releases and waives all rights under aod by virtue of tbe homestead exemption laws of Wyoming. AM6WY(o311) 0077528487-60086 04/23/2004 5:40:23 Page 13 ol~ 15 Form 305i ilO1 7777777707070700076765242717744400766362 5611756620073331650464115610776241717560 1001077 721044611 ;40~ ~ g r~552~ ~ 9003~q ~ ~ ~ ~033 107 234 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it Witnesses: (Seal) Bob L. Folsom -Bo~xower Cynthia S. Folsom -Borrower (Seal) (Seal) -gon'ower -Bon'ower (Seal) (Seal) -BOll-OWer -BOlTower (Seal) (Seal) -Bon'ower -Borrower AM6WY (0311) 04/23/2004 5:40:23 Page 14 of 15 Form 3051 1/01 0077528487 - 60086 7777777707070700076765242717744400766362 5611756620073331641475105600776241717560 1001077 720155700007 STATE O County ss:"-~-/"-~._z..x.-//.~..¢~ The foregoing instrument was acknowledged before me this Day/Month/Year by My Commission Explres:/.,..,..t,.~ /~., ~o~)7 Notary Public Comm. Explr~ July 1E, 200? 7777777707070700076765242717744400766362 5611756620073231650464015710776241717560 1001077424173756010010764243730144611007 000000775284870301621615 400-15WY (4/02) Page 15 of 15 0077528487 - 60086 04/23/2004 5:40:23 PM ,;,36 ADJUSTABLE RATE RIDER (LIBOR Six-Month-Index (As Published in the Wall Street Journal)- Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 23rd day of April , 2004 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 same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to Town and Country Credi~ Corp. (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 16 Tee Mont Drive, Afton, WY 83110 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 5,650 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the firs't day of May, 2006 , and on that day every sixth month thereafter. Each date on'which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in the Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index .which is based upon comparable information. The Note Holder will give me notice of this choice. Loan Number: 0077528487 - 60086' 7777777707070700076765242717744400776362 4700757730073331741465105600776241717560 100107704t~¢~552~¢003~13723055522007 610-1 (Rev 1/01) Page 1 of 3 04/23/2004 5:40:23 PM (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding five percentage points ( 51000 %) to the Current Index. The 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 amount will be my new interest rate un~il the next Change Date. The Note Holder will then determine the 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 full on the maturity date at my new interest rate 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 interest rate I am required to pay at the first Change Date will not be greater than 7.650% or less than 5.650%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One( 1.000 %) from the rate of interest I have been paying for the preceding s~x months. My interest rate will never be greater than 11.650)% or less than 5.650)%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice~ B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contracl for deed, installment sales contract or escrow agreement, the intenl of which is the transfer of title by Borrower at a future date to a purchaser. Loan Number: 0077528487 - 60086 7777777707070700076765242717744400776362 4700757730072320650475114600776241717560 10010770'~7~552~¢003~.22-733155432007 Initials 61o-2 [Rev 1/01) Page 2 of 3 04/23/2004 5:40:23 PM °38 If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not 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 may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this 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. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. , BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. Borrower Bob L. Folsom BorrovCer Cynthia S. Folsom (Seal) Borrower Borrower (Seal) Loan Number: 0077528487 - 60086 77777777~7070700076765242717744400776362 4700757730073331650464115610776241717560 1001077040~?3~7~003~...2732144533007 610-3 (Rev 1/01) Page 3 of 3 04/23/2004 5:40:23 PM O,S OZO 1-4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made this 23rd day of Apri 1. 2004 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 same date given by the undersigned (the "Borrower") to secure Borrower's Note to Town and Country Credit Corp. (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 16 Tee Hont Drive. Alton, WY 8'3110 [Property Address] 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Leuder further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also coustitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used ~n connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, reI¥igerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." 0077528487 Page 1 of 4 Form 3170 1/O1 (2~57R(0008) VMPMORTGAGEFORMS-(80OI521-7291 04/23/2004 5:40:23 PN 7777777707070700076765242717744400777363 4600757721073331741465105600776241717560 1001077 ~33257730007 B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or ~ts zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and reqmrements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as perm/tted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written penmssion. D, RENT LOSS INSURANCE. Borrower shall ~naintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BOI~OWER'S OCCUPANCy. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in com~ectiou with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold H. ASSIGNMENT OF RENTS; APPOINTMENT OFRECEIVER; LENDER 1N POSSESSION. Borrower. absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assigmnent and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums'secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) i1~57R (00081 Page 2 of 4 7777777707070700076765242717744400777363 4600757721072320650475114600776241717560 100107Z 733257631 04/23/2004 5:40:23 PH 0077528487 Initial~__~ Form 3170 1/01 Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's lees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and tl~en to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits 'derived from the Property without ally showing as to the inadequacy of the Property as security. If tile Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any 'funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender Secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents m~d has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. I, CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. (~57R (0008) Page 3 of 4 7777777707070700076765242717744400777363 4600757721073331650464115610776241717560 1001077 722256731 04/23/2004 5:40:23 PM --/.,)~3-~7528487 Form 3170 1/01 08 30:LU BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 Fanfily Rider. ~' (Seal) h~a~~SF .<Qb. (Seal) Bob L. Fo] som -Borrower Cynt . o] sore -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (~57R (0008} Page 4 of 4 0077528487 Form 3170 1/01 04/23/2004 5:40 23 PM 7777777707070700076765242717744400777363 4600757721073331641475105600776241717560 1001077 633357720107 =43 Exhibit "A" That part of the NEtANW~A of Section 24, T32N RII9W of tile 6th P.M., Lincoln County, Wyoming, being part of that tract of record in tile Office of tile Clerk of Lincoln County in Book 104PR ou page 180, it being tile intent to redescribe that tract of records as conveyed to Dee Call and Diane Call of record in the said office in Book 212PR on page 559, to conform to the actual situation on the ground and to the plat of the Tee-Mont Subdivision of record in the said Office as Plat No. 202 and therefore described as follows: Beginning at a 3/8" x 12" sleel spike on the north line of the said NE~ANW'A, S 89~51' W, the base bearing for this survey, 563.74 feet from the northeast corner of the said NE'ANW¼, found as described in the Certified Land Corner Recordation Certificate filed in the said Office; thence S 00003' W, 30 feet, to a point, the intersection of the south right of was' line of the Kennington-Burton County Road No. 12-136 and the west right of way line of the Tee-Mont Drive; thence, continuing S 00°03' W, 300.18 feel along the said west right of way line to a point, identical to the n6rtheast corner of Lot 13 Of said Subdivision', thence S 89°51. W, 150.00 feet along the north line of said Lot 13 to a point; thence N 00003, E, 300.18 feet, parallel with tile said west right of way line, to a point on the said south right of way line; thence, continuing N 00003, E, 30 feet to a PK nail on tile north line of the said NEIANWIA; thence N 89"51' E, 150.00 feet along the said north line to the place of beginning.