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HomeMy WebLinkAbout899187 - 82 5 899187 EECFIVED bF6166 LII,ICOLtL, COU,NTY O/.ERK ,,',r'; tO: ~9 State of Wyoming Space Above This Line For Recording Data MORTGAGE (With Future Advance Clause) DATE AND PARTItaS. The date of this Mortgage (Security Instrument) is .0.4.-.3.0.-.2.0.0.4 .................... parties, their addresses and tax identification numbers, if required, are as follows: ................ MORTGAGOR: VINCENT fi. KRAMEfl ANO CAROL ~.. KRAMER, HUSBAND AND WIFE P.Q BOX 52111 ETNA, WY 83118 and the [] If checked, refer to the attached Addendum incorporated herein, acknowledgments. LENDER: RANK OF JACKSON HOLE ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF WYOMING 990 W. RROAOWAY P.O. BOX 7000 JACKSON, WY 83002 for additional Mortgagors, their signatures and CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debl (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys, mortgages and warrants to Lender, with power of sale, the following described property: SEE ATIACHED EXHIRIT "A" The property is located in .... LINCOLN ................................................................... at P4flCEL fl 19 (Cola,fy) ............................................. .................................................... ................................... .U.N.~. ........................ Wyoming ......... 8.~. Ua. ........ (Address) (City) (ZIP Code) Together with all rights, ensements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any/hue in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one thne shall not exceed $ 43 000 00 ................................................. This limitation of amount does not 'include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this lhnitation does not apply to advances made under the terms of this Security Instrmnent to protect Lender's security and to perform any of the covenants contained in this Security Instrument. SECURED DEBT AND FUTURE ADVANCES. The tem] "Secured Debt" is defined as follows: A Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or subs~ilutions. (When referencing the debts below it is suggested tlmt you include items such as borrowers' names, note atnotmts, interest rates, maturity dates, etc.) PROMISSORY NOTE DATED 4130104 't WYOMING - MORTGAGE (NOT FOR FNMA. FHLMC FHA OR VA USE) ~)~994 Bankers Systems, Inc., St. Cloud. MN |V8OO-397-2341l Form RE-MTG-WY ! 1/18/94 ~{ %' ~ :': ~:'h...:~,~., B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note,, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or no, this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Mortgagor, or any due or moth Mortgagor and others. All future advances and other future obligations~"/ire'~s~cured by this Security In,trump/ut even~ though fill or part may not yet be advanced. All future.advances.mid:0ther'futuf~ obligations are secured as if made on the date bf this Security Instrumeut. Nothing in this Security ~Instrument shall'-consdtute a conmfim~em to make additional or future loans or advances in any vanount. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which may later arise, m the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgag,r and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecdnp the Property and its value and auy other sums advanced and expenses incurred ~y Lender under the temps of this Security hlstftUllent. Tills S~cuYt~ Fnstfiyment wall not ~cure 'any otffe? ilebt ;~Leni~Dl=fifls~to give fi'fi~'teqQii-ed 5. PAYMElXYrS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreeJnem or other lien document that created a prior security re, crest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver [o Lender any notices that Mortgagor receives from the holder. 10. 11. C. Not to allow any modification or extension of, nor to request any future advauces under any note or agreement secured by the lien document without Lender's prior wrin.en consent CLAIMS ..AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilitieS, 'and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any clahns that would hnpair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, clahns or defenses Mortgagor may have against parties who supply labor or materials to maintai,~ or hnprove the Property. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be hmmediately due and payable upon the creatiou of, or contract for the creation of, any lieu, encumbrauce, transfer or sale of the Property. This right is Subject tO the'restrictions- intposeil by federal law (i2'C.F.R: 591),-as applicable: l'hls-covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not cotmnit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will uot pemdt auy change iu any license, restrictive covenant or easement without Lender's prior writteu consent. Mortgagor will notify Lender of all deman~si'p, roci~edings, clahns and actions against Mortgagor, and of any loss or dvanage to the Property. Lender br,'Lender's agents mt/y; ai Lender's 'option, enter the Property at any reasonable ihne for the purpose of inspecting the Property. Lender shall give .Mortgagor uotice at the thne of or before an inspection specifying, a reasonable purpose for the inspection. Auy.insPection of the Property s'hall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's .inspec/tion. - ., ...... :,:, ,. .- [,;,. .- .... , AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrmnent, Lender may, Without notice, perform or cause them to be perftmned. Mortgagor appoints Lender as attorney itl fact to sign Mortgagor's name or pay any mnount necessary for peffonnauce. Lender's right to perform for Mortgagor shall .not create an obligation to perform, and Lender's failure to perform will not preclude Lender front exercising a ~y of Lender's other rights under the law or this Security Instrmnent. If any construction on the Property is d,scontmued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in Ihe Property, including completion of the construction. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grauts, bargains, conveys 'mort~afles attd warrants to Lender as':additional security'aii'the right', SliP'and ititi3'iest ia and to any at/d'all ~xisting or fu'tu~ teas~sTsubleases', and any other written or verbal agreements for Ihe use aud occupancy of any portion of the Property, including arty extensions, renewals', modifications or substitutions of such agreements (alt referred to as "Leases") and rents, issues and profits (all referred to as "Rents"). Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Re,as so long as Mortgagor is not iu default under the terms of this Security Instrument. Mortgagor agrees that this assignment is-immediately effective between the parties to this Security Instrument. Mortgagor agrees that this assigmneut is effective as to third parties when Lender takes affirmative action prescribed by law, attd that this assigmnent Will remain in' effect during any :.redemption period until the Secured Debt is satisfied. Mortgagor agrees that Lender'may take actual p0sgession of'the property ~Without the necessity Of ConUnencing legal action and thai'actual possession ' is deenied to occur When Lend~r, b~ its agent, n~[ifi6S Moagagor of'fiefault 'arid dema~iflg' th~tt any tenant pay all future Rents directly to Lender. On receiving notice of dehult, Mo~gagor will endorse and deliver to Lender any payment Of Rents in Moagagor's p0~se~sion and Will ~c~ive:an~ Rems in trust for Lender and will not connningle lhe Rents with any o~her fund~. Any mnounts collected. Will be applied as'Pr°v~dfid' in ihis Security Instrunleiit. Mortgagor 4~rra'n}s that n0 deh'ult eXists U,ide~ the Leases or any applicable landlord/~euant law.' Mongagor also agrees :to maintain aud r¢quire any tenant to comPlY With terms o~{he Leases and applicable law. ' {Pag 41 ~199~ Banke~ Systems. Inc., SL'CI~, MN (1-B00-337-2341) Form RE MTG-WY 1 ~1~B/94 . . : I 8 3 ... , ~ ...... , ~v~ungagor wm Permrm all of Mo~,,a~o.,;' ~.,: ...... ~ }~, ~ umt m a Co~dommmm or a me condominium, or planned ~nit deWlopment. ":' .: . ~ ~ ...... 5~ uuuer~ ~?~en~s.,..by~laws' 'or regulations of Mortgagor will be in defauli ff a'bieach o~U:ii 'a,i~:Paay obligated On the SecUred, od .t ii s:. ia ~iha~ ~a3ni~nt' ~h~n.d~ae. Under' the te~s 0f ibis SdcUrity~ lnst?mnent:=6? any other d6cUmen~ eXhcuied for ~he purpose Of. creating' Securing ~r.guarantying tlie Secured Debt. A go°d fa;ih belief bY Lender that Lenfl~r fit anY'dine is insecure with respect to any person of entity obligated 0n the SecUred Deb~ or that the prospect of any Payment or dm value of the Prope~y is ~paired shall als0 constitute an event of default. ' 14. ~MED~S ON DEFA~T. In some instances, federal and s~ate law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish thne schedules for foreclosure actions. Subject to these lhnitatio~m if any, Lender may accelerate the Secured :Debt and IBreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lend,e, all oi any part ~f thg agreed fees and charges accrued interest hnd ' principal shall become h~m~ediatel? flue and payable, after giving notice if required by law, upon the occurrence of a delhult or anytime thereafter. Iu addition, Lender shall be entitled to all the remedies provided by law, the lenns of the Secured Debt, this Security Instrument and any related docmnents including, without Ihnitation, the power to sell the Property. All remedies are distinct, cumulative aud not .exclusive, and the Lender is entitled to all remedies provided al law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or pan;al payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later cousider the event a default if it continues or happens again. 15. E~ENSES; ~V~CES ON COrNeTS; AIWO~YS' FEES; COLLECTION COSTS. Except when prohibited by law, MOrtgagor agrees to pay all of Lender's expe~es if Monpagor breaches any covenant in this Security Instrument Mortgagor will als0 pay'on. demand 'an~. m'~:Un{ incU?'refl by ~naer for i~uring, i~pecting} preseming or oiherwise protecting the Property and Len~r'~ securiiy intere}t. ::These expe~es will bear interest 'fiom d~e dat'.of the payment until paid in full at:the highest' inteiest rate' in ~fi'ect as p?bvifle)' :in the te~s of the Secured Deb( M6rt~agor' agrees io PaY all 'costs and expenses incurred by Lender in collecting; eMorcing or protecting Lender's righls and remedies under this Security lustrument. This ~ount nihP?inclUde,- but is not lhnited to, reasonable attorneys' fees, court costs, and other legal expenses. This mount does not include attorneys' fees for a salaried employee of the Lender. This Security I~trument shall remain iu effect until released. Mortgagor agrees to pay for any recordation costs of such release. 16. E~'O~NT~ LAWS ~ HAZ~OUS S~ST~CES. As used in this section, (1) Enviromnental Law mea~, without lhnitation, the Comprehe~ive Enviromnental Respo~e, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, coua orders, attorney general opinions or imerpretive letters concernigg the public health, safety,, welfare, enviromnent or a h~ardous substance; and (2) II~ardous Substance mea~ any toxic, 'radioactive'or h~ardous material, waste, p~llumn~ or ~0nraminam Which has characteristics which render the substance, dangerous or ;potentially dangerous to the 'public heald~, safety, welf~re or envirotm~ent. The term includes, without l~i~tion, any substances defined as "h~ardous ~nalerial," "toxic substances," "hazardous waste" or "h~ardous subshqnce" under any E~viromnental Law. Mmlga~or represents, warrants and agrees tMt: A. Except' as previously disclosed and acknowledged in writiug to Lender, no H~ardous Substance is or will be located, stored o? released on or in the Property. This restriction does not apply Io small quantities of H~ardous Substances that are generally recogn~ed iobe appropriate for the normal use aud maintenance of the Property. B.Except as previously disclosed and acknowledged in writing to Lender, Moagagor and eve~ tenant have been, are, and shall remain in full comPlianCh with any applicable 'Envirm~en~l Law. C. M0ffgagor shall h~m~ediately notify Lender if a release or threatened release of a H~ardous Substance occurs on, under or about the Pf6per~ '0r thei6 is :a viOlatlbn of any Eavimmnental Law C'bncerning lhe Property. In such an event, Mo~gagor shall take all necessary remedial action in accordance with any Enviromnental Law. D. Mortgagor shall hmnediately noti~ Lender in writing as soon as Mmxgagor has re,on lo believe ihere is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any ttazardous Subslance or the violation of any Enviromnental Law. 17. CO~E~ATION. Mortgagor will give Lender prompt notice of any pending 'or threatened action, by private or public entities to purchase or take any or all of the Property through condenmation, eminent domain, or any other mea~. Moagagor authorNes Lender to inte~ene in Mortgagor's name in any of the above desc ' · Eender-the*proeeeds*,o~an .awa=rd~o~e ~,.' ..... =..~.-., ........ .~ nbed actmim or claims Moa ,a'o ' Pro err Such · . .. g ~ a con~e~nattod~o~va~i~.m~/~. · ' r ¢ m uc appnca as provided m tins Security Instrument. This . ass~g~eut of proceeds is subjeft to the terms of any prior moggage, deed of Irust, security agreement or other lien document. 18. ~S~CE. Mortgagor shall keep Pr°petty insured against loss by fire, flood, theft and other hazards and risks reasotmbly associated with the Propegy due to its type and location. This insurance shall be maintained in the amoums and for the periods that Lender requires. The insurance carrier providing the i~urance shall be chosen by Mo~gagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor hils to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of rids Security Instrument. All insurance policies and renewals shall be'acceptable'to Lender and shalI include a standard "mOagage clause,, ~ppl[cably,. {oss payee clause. ' M'o~tgag0f.,ihilFh~ediately...nOtify Lende/ of canCellhtib . ~ and, 'Where r,~h ......... lc potl¢lc~ and renewals: l~ Lender requires; Moagago? shall imm~diitely'give to Lender all receipts of paid premiums and renewal notices. Upon loss; MOrtgagor shall give hhmeaiate nOiice t0 the insurance Carrier aM Lender. Lender may make proof of loss ff not made ~lediately by Mortgagor. ' Unless' otherwise agreed in writing, all insurance prOceeds shall be applied to the resto/htion or repair 0f the Property or Secured Debt,:wffether or not then due, at Lender's option. Any application of proceeds to principal shall nol exlend or ~ Ipago 3 a/4) ~994 Bankers Sy~tem~, Inc, St CI~, MN (1 800-397-2341) Form RE-MTG-WY ~ 838 postpone tlie due date of the scheduled payment nor cha,tge the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage'Go the Propeity before the acquisition shall pass to Lender to tile extent of the Secured Debt hnmediately before the acquisition. 19. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separat~ agreement, Mortgagor will not be requirt~d to pay to Lender funds for taxes and insurance in escrow· : . 20. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional docmnents or certifications that Lender may consider necessary to perfect, court,me, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 2.1. JOINT AND lND~UAL. LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security l,lstrmnent are joint and individual. If Mortgagor signs this Securily htstrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in tile Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrmnent secures a guaranty between against Mortgagor or any party indeNed under the obligation. These rights may include, but are not anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of lhis Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 22. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. Tiffs Security lnstrmnent is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of tile jurisdiction where the Property is located. Tbis Security Instrument is complete and fully integrated. This Security Instrument may not be mnended or modified by oral agreement. Any section in this Security. Instrument, altaclunents, or any agreement related to the Secured Debt that conflicts with applicable law will not be effectiv.e, unless that htw expressly or hnpliedly permits the va,iations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of tile relnaiqder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sectkms of this Security lnstrume,lt are for convenience only and are not to be used ro interpret or define the terms of this Security lnstrunl~nt. Time is of the essence in this Security Iustrmnent. 23. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or 'by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or m any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 24. WAIVERS. Except to the extent prohibited by law, Mortgagor watves any right regarding the marshalling of liens and assets and all homestead exemption rights relating to the Property. 25. OTIt2ER TERMS. If checked, the following are applicable to this Secur. ity Instrument: [] Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt nmy be reduced to a zero balance, this Security Instrument will remain in effect until released. [] Constrnction Loan. This Security Instrument secures an obligation incurred for the construction of an hnprovement on the Property. [] Fixture Filing. Mortgagor grants to Lender a security interest, in all goods that Mortgagor owns now or in tile future and lhat are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the [Jnifonn · Cmmnercial Code. [] Riders. The covenants and agreements Of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] [] Condominium Rider [] Planned Unit Development Rider [] Other SIGNATUI~S: By s~gning below, Mortgagor agrees to the terms and covenants contained in this Security Instrument and in any attaclmlents. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. ........... ..................................... (Signature) VINCENT A. (Date) (Signature) CAROL A. KFIAMEB (Date) ACKNOWLEDGM-ENT: This i~truxnent was acknowledged before me this ~9 · .... ... ... .. ..... ..... ......... }s~. ........ My co~mnission expires:" '~ ' ' ~ ~ ///~ /~ .~ ' - I~ COUN~ OF g~,~ STATE OF [ ©1994 Bankms Systems. Inc., S~ Cloud MN {1 800-397-2341} Fo*m RE MTG-WY 11118/94 ~[}a..Pjo 4 of 41 839 EXIIIB Iq' "A" From File Northwest Corner of thc SWI/4 Of Section I I.T35N, RI 19W. Start at a point which is 42 rods South arm 37 rods 2.5' Fcc, East, moi'c or less, to tile existing Northeast fence comer of Ihe School Lot rumling thence South 511.5 feet, thc,icc West 85 fcc1, more or less, thence South 118.5 feet. more or less to thc South linc of the NW 1/4 of thc SW l/,l. thc,mc East '192 fcc,, more or less, lhencc No,'lh 589.47 feet, Il,once We:;, 2,18.5 feet, thence North ,10.53 ['cot, lhcnc¢ West 158.5 feet, to thc point of beginning, EXCEPTING thc,'el¥om the East 85 feet. ALSO, r~ghts to share an access Easement fi'om thc Southeast Corncr of Pot//2 East of the Northwest Comei' of Plat tll, more particularly described as follows: Bcgirming at a point o1'42 ,'ods South and 32 rods East fi'om said Northwest Corner of SWI/4, Section ! 1, and .running thence East 130.5 feet, th,.:.nce Northwesterly and West to. a point of b~ginning. Said easement continues at 31.5 feet wide, 85 fcc,, more or less, to [he NorllIeast Comcr of the school lot, then tapers into tile l~oint 130.5 feet East of bcgimfing. '"Together With an Easement for ingress and egress and Utilities. Across the South 30 feet of the Following described parcel' el ,.)cc,mn 11, Beginning at a point 533.2 Fcc, South of the Northwest Comer of the Southwest Quartcr '" ' Township 35 North, Range 119 West of the 6'h P.M.. Wyoming, thence East 52}1.0 fcet; Ihmme North 267.7 feet'; thence West 57 8 feet; thence South 267.7 feet to tile point of beet,ming. Also a,'~ Easement For ing~':ss} egress and utilities along the West 30 feet and ,hi: South 30 feet of the 'following described parcels: · Corrnnencing at a point x~'lticli is 533.2 feet (32.2 re.ds) South and 465 feet East fi'om said NW Corner SWI/4, Section 11, and r, mning thence East 63 .feet, thence South 159.8 feet to existing school yard fenee, thence \Vest 63 f~:'ct along thd fence, th'ei'~Ce N°rih 159J8 fcb~iib'flid' place of begin,tint,.. And A' p0rl~ion of the NwI/4SWI/4 oFSection 11, T35N, RI 19W. 6m P.M., in Etna. Lincoln County. Wyoming and being rnorc particularly described as follows: Begimling nl a point of S,.uth 533.2 feet of the W 1/4 corner of said Seclion 11, thence East ,165 feet, Ihenec South 159.80 fcc,, !hence West 5.,15 feet, thence N0°21'30'' E, 152.13 feet to thc npproxi,nate line Ora fence, thence N8'.;'°41' IY'W. along last said line and the Westerly prolongation thereof. 460.51 feet to'the Weslcrl" line of said Section I I; thence Norlh along said last linc 5'.16 fcc, to thc point of beginning.