Loading...
HomeMy WebLinkAbout899824Return To: Prepared By: Finance America, LLC P.O. BOX 16637 Irvine, Ca. 92623-~.~982[~ Karen Cot;nell 16802 Ast:on Street Irvine, CA 92606 BOOk RECEIVED LINCOLH OOLINIY OLERK ..--x,. [Space Above This Line For Recording Data] MORTGAGE MIN 100052300403071342 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated together with all Riders to ti:lis document. (B) "Borrower" is LARANE F GREEN AN UNMARRIED WOMAN MAY 28, 2004 Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage l!lectronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone numl:'gr of P.O. Box 2026, Flint, MI 4850'l-2026, tel. (888) 679-MERS. WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS (~®-6A(WY) (0005).01 ~ Page 1 of 15 Initials: VMP MORTGAGE FORMS -(800)521,7291 MABN Form 3051 1/01 (D) "Lender" is Finance :America, LLC Lender is a Limited Lialbility Company organized and existing undex the laws of Delaware Lender's address is 16802 ,Aston Street, Irvine CA 92606 (E) "Note" means the promL, sory note signed by Borrower and dated MAY 28, 2004 The Note states that Borrower owes Lender ONE HUNDRED THIRTY-~.THREE THOUSAND AND NO/100 Dollars (U.S. $ 133,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the deUt'in fullnot later than JUNE 01, 2034 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt ~Mdenced by the Note, plus interest, any prepay~nent charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (It) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [-~ Adjustable Rate Rider [_--~ Condominium Rider [-~ Second Home Rider ~ Balloon Rider [--] Planned Unit Development Ride]--~ 1-4 Fanfily Rider F~ VA Rider [--] Biweekly Payment Rider ~ Other(s) [specifyI Legal Desc. XX Prepayment Rider (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (thathave the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed On Borrower or the Property by a condominium association, homeowners association or similar organiz.~tion. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such ~erm includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. ~ (L) "Escrow Items" means those items that are describedin Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction o?, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentationsof, or omissions as to, [he value and/or condition of the: Property. · (iN) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" me~ans the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts trader Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate SettlementProceduresAct (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from tinm to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in th!s Security Instrument, "RESPA" refers to all requirementsand restrictions that are imposed in regard to a federally related mortg~ ge loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. Initials: :{~)~-6A(WY) (ooo5).m "~ Page 2 Of 15 Form 3051 1/01 MADK (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrumentsecu~es to Lender: (i) the repaymentof the Loan, and all renewals, extensions and modifications of the Note; mtd (ii) the p.erformance of Borrower's covenants and agreements under this Security Instrumentand the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nomineeifor Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the COUNTY of LINCOLN : [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LEGAL DESCRIPTTON ATTACHED HERETO AND MADE A PART HEREOF Parcel ID Number: 34190110201100 83 BARBERRY WAY THAYNE C'PropertyAddress"): 83 B,~RBERRY WAY, which currently has the address of [Streetl [City] , Wyoming 83127 [Zip Code] WY 83127 TOGETHER WITH al) the improvements now or hereafter erected on the property, and all easements, appurtenances, ard fixtures now or hereafter a part of the property. All replacements and additions shall also be cover:d by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understandsand agrees that MERS holds only legal title to the interests grantedby Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee fi~r Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWERCOVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrancesof record. BorrOwer warrants and will defend generally the title to the Property against all claims and demands, subject t0 any encumbrances of record. THIS SECURITY INST1;~UMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering 'real property. (~'6A(WY) (ooos).m MAEX Initials: Pag. a oft5 Form 3051 1101 UNIFORMCOVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Princ[phl, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when d~le the prmcipal of, and interest on, the debt evidenced by the Note and any prepayment charges and latq charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrumentreceived by Lender as payment under the Note or this Security Instrumentis retumedto Lender unpaid, Lender may require that any or all subsequentpayments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency; instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemedieceived by Lender when received at the location designated in the Note or at such other location as may be designatedby Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan cnrrent. Lender may accept any payment or partial payment insufficient to brh~g the Loan current, without waiver of any rights hereunderor prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonableperiod of time, Lender shall either apply such funds or return them tol Borrower. If'not applied earlier, such funds will be applied to the outstanding principal balance Under the,Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security h~.strumentor performing the covenants and agreementssecuredby this Security Instrument. ~ 2. Application of Pa?bents or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late icharges, second to any other amounts due under this Security Instrument, and then to reduce the principal!balance of the Note. If Lender receives a l~ayment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent ti!at any excess exasts after the payment~s applied to the fidl payment of one or more PeriOdic Payments, sugh excess may be applied to any late charges due. Voluntary prepaymentsshall be applied first to any prepayrmnt 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 full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrumentas a lien or encumbranceon the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any ~;ums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, affd Assessments, if any, 'be escrowed by Borrower, and such dues, fees and assessmentsshall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender,Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of s~.ch waiver, Borrower shall pay directly, when and where payable, the amounts ' Initials:~ (~-6A(WY) (OOO5),Ol Page 4 of 15 Form 3051 1/01 HAGU ' due for any Escrow Items roi: which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender recei~pts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreemen~containedin this Security Instrument, as the phrase"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lendermay, at any tim.g, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specff, ted under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (incllading Lender, if Lenderis an institution whose deposits are so insured) or in any FederalHomeLoan Bank~ Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lext~er shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow accoun ~, br veri~ing the Escrow Items, nnless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreementis made in writing or Applicable Law requires iai erest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there ~s a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordancewith RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as requiredby RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordancewith RESPA, but in no more than 12 monthly payments. If there L, 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 fall cf all sums secured by this Security Instrument, Lender sh,'fll promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, £mes, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, ~f any, and CommunityAssociation Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall prompt¥ discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writi-ag to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long ~s. Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforzementof the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreementsatisfactory to Lender subordinating the lien to this Security Instrnment. If Lender determinesthat any part of the Property is subject to a lien which can attain'priority ove:r ~this Security Instrument, Lender may give Borrower a notice identifying the I~-6A(WY) (ooo5).o~ Initials: ~ Page 5 of 15 Form 3051 1101 i 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 Bc;¥r. ower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lendl~r in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against logs by fire, hazards included within, the term "extended coverage," and any other hazards including, but hot limited to, earthquakesand floods, for which Lender requires insurance. This insurance shall be mainltained in the amounts (including deductible levels) and for the periods that Lender requires. What Lende~r ~:equires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrlm.r providing the insurance shall be cliosen by Borrower subject to Lender's right to disapprove Borrowe. r's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such Cetermination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's optior~ and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of cc~verage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, BorroWe~:'s equity in the Property, or the contents of the Property, against any risk, hazard or liability and mighf provide greater or lesser coverage than was' previously in effect. Borrower acknowledges that the cost o'f ~:he insurance coverage so obtained might significantly exceed the cost of insurance that Borrower coul~J have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Bo~rr~wer secured by this Security Instrument. These amounts shall bear interest at the Note rate from the dat~ of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesti~g payment All insurance policies rdquired by Lender and renewals of such policies shall be subject to Lender's right to disapprove such pol~ici.es, shall include a standard mortgage clause, and shall name Lender as mortgagee and/oras an additi~onal loss payee. Lender shall have the riglit to hold the policies and renewal certificates. If Lender requirers, Borrower shall promptly give to Lender all receipts of paid preminms and renewal notices. If Borrowerlot?tains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction ct, 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, Boirrower shall give prompt notice to the insurance carrier and Lender. Lender may m'ake proof of loss if no:t made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was requiredby Lender, shall be applied to restorationor repifir of the Property, if the restorationor repair is economically feasible and Lender's security is not lesse~ed. During such repair and restorationperiod, Lender shall have the right to hold such insurance proceed~,i 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 disbmse proceeds for the repairs and restorationin a single payment or in a series of progress payments as the w~ork is completed. Unless an agreementis made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid o?t of the insurance proceeds and shall be the sole obligation of Borrower. If the restorationor repair is noi~ economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to l:he sums secured by this Security Instrument, whether or not then due, with {~I~6A(WY) (ooo5).Ol HAKF initials:~' Page 6 of 15 Form 3051 ~10i the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons fhe Property, Lender may file, negotiate and settle any available insurance claim and related matters. If ~tS:orrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered 1:6 settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Boa,'rower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or tiffs Security Instrument, and (b) any other of Borrower's ~ights (other than the right to any reftmd 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. Lei.~der may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, wliether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's princi'pal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are. beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Bor;-ower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determinedpursuant to Sectio3.~ 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to ~avoid further deterioration or damage. If insurance or condemnationproceeds are pa~d in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repai, ring or restoring the Property only if Lender has releasedproceeds for such purposes. Lender may disbure, e proceeds for the repairs and restorationin a single payment or in a series of progress payments as the work is completed. If the insurance or condemnationproceeds are not sufficient to repair or restore the Proper~y, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may~ make reasonable entries upon and inspections of the Property. If it has reasonablecause, Lender may Suspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time df or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan ~pplication. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave m'aterially false, misleading, or inaccurate information or statementsto Lender (or failed to provide Lender with material information) in connection with the Loan. Material representationsinclude, but are not limited to, representationsconcerning'Borrower's occupancy of the 'Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreementscontainedin this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/orrights under this Security Instrument(such as a proceeding in bankruptcy, probate, for condemnationor forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower lias abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate t6 Orotect Lender's interest in the Property and rights under this Security Instrument, including protec~i?g and/orassessing the value of the Property, and securing and/orrepairing the Property. Lender's actions~can include, but are not lindted to: (a) paying any sums securedby a lien which has priority over thL,~ :Security Instrument; (b) appearing in court; and (c) paying, reasonable (~-6A(WY') (ooo5).o~ HAHC InJtials:~ Page 7 of 15 Form 3051 i/Ol attorneys' fees to protectits ~n(erestin the Property and/orrights under tiffs Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to mal~eYepairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate buildh)g or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender/nity take action under this Sectkm 9, Lender does not have to do so and is not under any duty or obligation t~'~ do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under thig Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be p?able, with such interest, upon notice from Lender to Borrower requesting payment. I · If this Security Instrurhentis on a leasehold, Borrower shall comply with ~ the provisions of the lease. If Borrower acquires f.e~ title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the mergerj~ writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiumsrequired to maintain the Mortgage Insurancein effect. If, for any reason, the Mortgage Insurance cov6rage required by Lender ceases to be available from the mortgage insurer that previously provided such in'~urance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the prenfiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Bgrrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundableloss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refimdable, 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 preminmsfor Mortgage Insurance. If Lender required Mortgage Insurance as a condition of imaking the Loan and Borrower was required to make separately designated payments toward the premi~ras for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insuran'.ce in effect, or to provide a non-refundable loss reserve, until Lender's requirementfor Mortgage Iffsurance ends in accordance with any written agreementbetween Borrower and Lender providing for such tdrmination or until terminationis required by Applicable Law. Nothing in this Section 10 affects Borrower'is 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 doe.~ 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 tinm, and may enterinto agreementswith otherparties that share or modify their risk, or reducelosses. These agreements are on terms and conditions ~hat are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreementsmay requke the mortgage insurer to make payments using any source of funds that the mortgage ins)rer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agre :ments, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affilla:.e of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be dm~.acterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or m0d!fying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affihate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreem,!n~ts 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. Initials: ~ (~I~-6A(WY) (oo0§).01 Page 8 of 15 Form 3051 1/01 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under d~e Homeowners Protection Act of 1998 or any other law. These rights may include the right to }~eceive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to ha~ the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage ln'surance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid, jo Lender. If [he Property is damz!ged, such Miscellaneous Proceeds shall be applied to restorationor repair of the Property, if the restoralion or repair is economically feasible and Lender's security is not lessened. During such repair and rest0rMionperiod, 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, provide3 that such inspection shall be undertakenpromptly. Lender may pay for the repairs and restoration in a ;single disbursement or in a series of progress payments as the work is completed. Unless an agreementis 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 restorationor repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, w.ith 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 securedby this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partia'[ raking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partia~ raking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this 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 'ir~ the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to 'Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums'securedby this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellzr. eous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Pro :eeds. 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. Borrower can cure such a default and, if accelerationhas occurred, re.instate 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 dam;i~ges that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided .for in Section 2. I Initials (~-fiA(WY} (00os).0~ i ea~a a otis Form 305~ l/0l 55° 12. Borrower Not Re)!e~ased; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of ~'mortizationof the sums secured by this Security Instrumentgrantedby Lender to Borrower or any Successor,m Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest Of Borrower· Lender shall not be required to commenceproceedings agaiust any Successor in Interest of Borrower or to refuse to exteml time for payment or otherwise modify amortizationof the sums secn~edby this Security Instrumentby reason of any demandmadeby the original Borrower or any Successors i~: Interest of Borrower· Any forbearanceby Lender in exercising any right or remedy including, without ~imitation, Lender's acceptance of payments from third persons, entities or Successors in Interestof Bor. r0wer or in amountsless than the amount then due, shall not be a waiver of or preclude the exercise of any?i~ght or remedy. 13. Joint and Several :[liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's dbl~igations and liability shah be joint and several. However, any Borrowerwho co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to :mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums securedby this Security Instrument; and (c) agrees that Lender and any otlier Borrower can agree to extend, modify, forbear or make any accmnmodationswith regard to the terms of tlfis Security Instrument or the Note without the co-signer's consent. Subject to the provisbns of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations undelr this Security Instrumentin writing, and is approved by Lender, shall obtain all of Borrower's rights and.benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrumentunless 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, includi~g, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express autliority in this Security Instrumentto 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 prohi,bi~ed by this Security Instrument or by Applicable .Law. If the Loan is subject tda law which sets maximumloan charges, and that law is finally interpretedso that the interest or other loa~ charges collected or to be collected in connection with the Loan exceed the permittedlimits, then: (a) ahy such loan charge shall be reduced by the amount necessary to reduce the charge to the permittedlimitl and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or bs' making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as .a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any sucli refund ~nade by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection witli this Security Instrument must be in writing. Any notic~ to Borrowerin connectionwith this Security Instrumentshall be deemedto have been given to Borrow~}r~,:when mailed by first class mail or when actually delivered to Borrower's notice address if sent by oth:r~means. Notice to any one Borrower shah constitute notice to all Borrowers unless Applicable Law expr'essly requires otlierwise. The notice address shall be the 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 for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one desi ~g~ated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender !has designated another address by notice to Borrower. Any notice in connection with this Security ~[nstrument shall not be deemed to have been given to Lender until actually received by Lender. If any nctice reqtfired by this Security Instrument is also required under Applicable Law, the Applicable Law i'equirement will satisfy the corresponding requirement under tliis Security Instrument. i Initials: _ (~-6A(WY) (0oo5).0; ~ Pag. 10 of 15 Form 3051 1101 EAR1 534 16. Governing Law; ~everability; Rules of Construction. This Security Instrument shall be governed by fede'ral law andl the law of the jurisdiction in which the Property is located. All rights and obligations contained in thi!;' Security Instrument are subject to any requirements and limitations of Apphcable Law. Applicable Law might explicitly or implicitly allow the parties to agree bv contract or it might be silent, but such silence shall not be construed as a Prohibition against agreement~y contract. In the event that any provision ~or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not fffect other provisions of this Security Instrumentor the Note which can be given effect without the confli~!ting 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 w:rsa; and (c) the word "may" gives sole discretion without any obhgation to take any action. 17. Borrower's Copy. Borrowershall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Preperty or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" me ans any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests tr~msferredin a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the ?roperty or any Interestin the Property is sold or transferred(or if Borrower is not a naturM person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender max.,, require immediate payment in full of all sums secured by this Security Instrument. However, this ci~tion shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordancewith 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. 19. Borrower's Right t.o 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) fiw days before sale of the Property pursuant to any power of sale containedin this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrumentand the Note as if no accelerafionhad 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 incurred for the purpose of protecting Lendev'a interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender 'a~ay reasonably require to assure that Lender's interest in the Property and rights under this Security Ins::rument, and Borrower's obligation to pay the sums securedby this Security Instrument, shall continue u~.changed. Lender may require that Borrowerpay such reinstatementsums and expenses in one or more of ;he 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 ;:re insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstz, t:mentby Borrower, this Security Instrumentand obligations secured hereby shall remain fully effective as if no accelerationhad occurred. However, this right to reinstate shall not apply in the case of acceleraticn under Section 18. 20. Sale of Note; Chang:.~ of Loan Servicer; Notice or' Grievance. The Note or a partialinterest in the Note (together with this Security. Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under ~the Note and this Security Instrument and performs other mortgage loan servicing obligations under th~; Note, this Security Instrument, and Applicable Law. There also nfight be one or more changes of the kdan Servicer unrelatedto a sale of the Note. If there is a change of the Loan Servicer, Borrower will be gi'~.:n written notice of the change which will state the name and address of the new Loan Servicer, the add;ess to wlfich payments should be made and any other information RESPA (~-6A(WY) (ooos).o~ I¢IASX :' :;: ::':~i Initials: ~ Page 11 of 15 Form 3051 1101 requires in connection with alnotice of transfer of servicing. If the Note is sold and thereafterthe Loan is serviced by a Loan Servicer Other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with'~ the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to ,'my judicial action (as either an individual litigant or the re'ember of a class) that arises from the other party's actions pursuant to this Security Instrumentor that fil~eges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance With the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a:t;me period which must elapse before certain action can be taken, that time period will be deemed to l::,e reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given ~:o Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Sectior: 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Subslances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by EnvironmentalLaw and the following substances: gasoli~.e, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solwnts, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" nfeans federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmentalprotection; (c) "Environmental Cleanup" includes any response action, remedial action, or !:emoval action, as defined in EnvironmentalLaw; and (d) an "Environmental Condition" means a condi'~ion that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threatento release any HazardousSubstances, on or in the Property. Borrower shall not do, nor allow anyone else to do:', anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an EnvironmentalCondition, or (c) which, due to the presence, use, or release of a HazardousSubstance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Propert~ ,(including, but not limited to, hazardous substances in consumer products). Borrower shall prompdy give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any gove!cLmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower lias actual knowledge, (b) any EnvironmentalCondition, i~?cluding but not limited to, any spilling, leaking, discharge, release or threatof release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a HazardousSubstance which ~dversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any HazardousSubstance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accord~:nce with EnvironmentalLaw. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. (~-6A(wy) (ooos).o~ Initials: Page 12 of t5 Form 3051 1/01 ;' 5"j 6 NON-UNIFORMCOVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 3..8 unless Applicable Law provides otherwise). The notice shall specie: (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 failure to cure the default on or before the dart. specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after accel:t.ration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuit g the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds ~f the sale shall be applied in the following m-der: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (a) to all sums secured by this Security Instrument; and (c) any 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 renderedand the charg/ng of the fee is permi(:cd under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtne of the homestead exemption laws of Wyoming. (~-6A(WY) (ooo5).o~ Initials: Page 13 of 15 Form 3051 1101 'i"- ;:": '/ .... X' ;}i, ..... '.'., ;!i-i :%: ...' ...... : BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in a.y Rider executed by Borrower and recorded with it. Witnesses: (Seal) LARANE F GREEN -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (~6A(VVY) (ooos).ol Page 14 of 15 Form 3051 1101 MAYF STATE OF WYOMING, The foregoing instrument was acknowledged before me this County ss: ~ My Cmnmission Expires: lCl~unty of ~<,~ State oil I~-6A(WY) (ooos).o~ HBP,_A. Page 15 of 15 Initlals:~ Form 3051 1101 Exhibit "A" Lot 16 in Star Valley Ran'ch Plat 5 Lincoln County, Wyoming as described on the official plat thereof RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: Finance America, LLC P.O. Box 16637 Irvine, Ca 92623~6637 (Space above this dine for Recorder's use) PREPAYMENT RIDER MIN 100052300403071342 DATE: 05/28/04 FOR VALUE RECEIVED,~he undersigned ("Borrower") agree(s) that the following provisions shall be incorporatedinto and shall b~g deemedto amend and supplement the Mortgage, Deed of Trust or Security Deed of even date herewith~ (the "Security Instrument") executed by Borrower, as trustor, in favor of Finance America, DLC ("Lender"), as beneficiary, and also into that certain promissory note (the "Note") of even date herewith executed by Borrower in favor of Lender. To the extent that the provisions of this Prepayment Rider are inconsistent with the provisions of the Security Instrument and/or the Note, the provisions of this Prepayment Rider shall prevail over and shall supersede any such inconsistent provisions of the Security Instrument and/or the Note. Section 5 of the Note i~ amended to read in its entirety as follows: FIRST MORTGAGE 1196181 (0203) ATUX Page 1 of 2 VMP MORTGAGE FORMS - (800)521-7291 MULTISTATE (09/10/96) " 5 . BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE I have the right to make payments of principal at any time before they are due, togetherwith accrued interest. When I make a prepayment, I will tell the Note Holder in writing that I am doing so. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agree; in writing to those changes. If within TWO ( 2 ) years from the date of execution of ~.he Security Instrument(as delined above) I make a full prepaymentor partial prepayment(s), I will at the same time pay to the Note Holder a prepayment charge. An amount not exceeding twenty percen! (20%) of the original principal amount may be prepaid in any twelve-month period without penalty. A prepaymentcharge will be imposed on any amount prepaidin any twelve-month period in excess of twenty percent (20%) of the original principal amount of the loan which charge shall not exceed an amount equal tc the payment of six months' advance interest on the amount prepaid in excess of twenty percent (20%) of the original principal amount. IN WITNESS WHEREOF, the Borrower has executed this Prepayment Rider on the Borrower LARANE F GREEN Borrower day of Borrower Borrower FIRST MORTGAGE 1196181 (0203) Page 2 of 2 MULTISTATE (09/10~96) ATUY LOAN ID' 0040307134 RETURN RECORDED DOC TO: Finance America, LLC P.O. Box 16637 Irvine, Ca 92623-6637 MIN 100052300403071342 ADJUSTABLE RATE RIDER (LIBOR Index - Rate Caps) THISADJUSTABLERATERIDERis madethis 28th day of [,lAY , 2004 , and is incorporatedinto and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security :instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to Finance America, LLC (the "Lender") of the same date and covering the property describedin the Security Instrumentand located al:: 83 BARBERRY WAY, THAYNE, ~Y 83127 [PropertyAddress] 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 MA~(IMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVEN~qTS. In addition to the covenants and agreementsmade 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 interestrate of 7 500 changes in the interest rate and the monthly payments, as follows: %. The Note provides for 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pa'~, may change on the first day of JUNE 01, 2006 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." MULTISTATE ADJUSTABLE RATF. RIDER (LIBORIndax) - Single Family - Freddie Mac UNIFORM INSTRUMENT (~;}~815R (0008) Form 319~ Page 1 of 4 Initials: VMP MORTGAGE FORMS - (800)521-7291 (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-denominateddeposits in the London market ("LIBOR"), as published in 7he l~lZall Street 7oumal. The most recent Index figure available as of the first business day of the monthirq,,mediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX AND 50/100 percentage points ( 6. 500 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentagepoint (0.125%). Subject to the limits stated in Section 4(D)below, this rounded amountwill be my new interest rate until the next Change Date. The Note Holder will ti~en 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 10. 500 % or ~'ess than 7. 500 %. Thereafter, my interest rate will never be increased or decreasedon any' single Change Date by more than one percentagepoint (1%) from the rate of interest I have been paying 7or the preceding six months. My interest rate will never be greater than 13.500 %. ..' My interest rate will never be lower than the initial interest rate stated in Paragraph A of this Rider. (E) Effective Date of Changes My new interest rate w;ill become effective on each Change Date. I will pay the amount of my new monthly payment beginning 0n the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (~alSR (ooo~) Initials: Page 2 of 4 Form 3192 1/01 MGtvLK 524 (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interestrate and the amount of my monthly payment before the effective date of any change. The notice will include infornmtion requiredby law to be given to me and also the title and telephonenumber of a personwho will answer any question I may have regarding ihe notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended co 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, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date' to a purchaser, If all or any part of I:he Property or any Interesth~ the Property is sold or transferred(or if a Borrower is not a natm'alperson 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 securedby this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable 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 tha: Lender's security will not be impaired by the loan assumption and that the risk of a breach o:~ any covenant or agreementin this Security Instrumentis acceptableto 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 a~d 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 Borrowe~ 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 giver~ in accordance with Section 15 within which Borrower must pay all sums secured by tlfis Sezurity Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lendermay invoke any remediespermittedby this Security Instrument without further notice or demand on Borrower. Initials: (~815R (0008) Page 3 of 4 Form 3192 1/01 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. LARANE F GREEN (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Bo~ro,~er (~815R (0008) Page 4 of 4 Form 3192 1101 MGMZ