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HomeMy WebLinkAbout899859899859 RECEIVED EINOOLI',t COUNTY CLERK State of Wyoming LOAN NO. 51543 [Space Above This Line For Recording Data] MORTGAGE FHA Case No. 591-09543] 1-796 THIS MORTGAGE ("Security Instrument") is given on June ], 2004 The Mortgagoris ANTHONY BUCK BRANDT and JENNIFER E BRANDT, HUSBAND AND WIFE ("Borrower"). This Security Instrument is given to ROCK SPRINGS NATIONAL BANK , which is organized and existing under the ,aws of THE UNITED STATES OF AMERICA , and whose addressis 333 BROADW,aY PO BOX 880, ROCK SPRINGS, NY 82902-0880 ("Lender"). Borrower owes Lender the principal sum of Seventy Five Thousand Niqe Hund~'ed Twenty Do]]ars and Ze~'o Cents Dollars (U.S. $ 75,920. O0 ). This debt is evidenced by Bor~'ower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on June 1, 2034 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums with interest, advanced under paragraph 7 to protect the security of this FHA Wyoming Mortgage - 4/96 ELF-4R (WY) (.a04) Page 1 of 8 ELECTRONIC LASER FORMS. INC. - (.~00) 327-0545 Inilia~ 59O LOAN NO. 5]543 Security Instrument; and (c) the Ferformance of Borrower's covenants and agreements under this Security Instrument and the Note. For ,thls purpose, Borrower does hereby mortgage, grant and convey to the Lender with power of sale, the fi}lr3wing described property located in L I NCOLN ' County, Wyoming: LOTS 29, 30, 31 AND 32i0F BLOCK 19 OF FIRST ADDITION TO THE TOt4N OF LABARGE, FORMERLY TULSA, LINCOLF ~OUNTY, t4YONING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. which has theaddressof 536 NEST 6TH AVENUE PO BOX 62, LABARG E [street, City], Wyoming 83123- 0062: [Zip Code] ("Property Address"); TOGETHER WITH all the i~provements now or hereafter erected on the property, and all easements, appurtenances and fixtures ncw or hereafter a part of the property. All replacements and additions shall also be covered by this Security nstrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Bor'ower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRIJMENT combines uniform covenants for national use and non-uniform covenants with limited variaticns by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covapant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property; and (c) premiums for insurance required under paragraph 4 In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("SecretEry"), or in any year in which such premium would have been required if Lender still held the Security hlstrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." FHA Case NO. 591-0954311-796 ~.'~-~"~ ELF-4R(WY) (9604) Page 2 of 8 lint LOAN NO. 51543 Lender may, at any time,f cdllect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 19F4, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be emended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unar~tic!pated disbursements or disbursements before the Borrower's payments are available in the account m'~y qot be based on amounts due for the mortgage insurance premium. If the amounts held by L~nder for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pled§ed as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender. the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Bo~rrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payme'nts. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, spec~,'al assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under !'he Note; Fourth, to amortization o: the principal of the Note; and Fifth, to late charges due.under the Note. 4. Fire, Flood and Other'Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or suosequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender r,gquires insurance. This insurance shall be mainta, ined in the amounts and for the periods that Lender requi;es. Borrower shall also insure all improvements on the Property, whether now in existence or subsequeqtly erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly b~ Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance p'.-oc4eeds may be applied by Lender, at its option, either (a) .to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the .damaged Property. Any appli:~at!on of the proceeds to the principal shall not extend or postpone the due date of the monthly paymeqts ~which are referred to in paragraph 2, or change the amount of such payments. Any excess insura,~ce proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security ~nstrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtednesS, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. FHA Case No. 59]-0954311-796 ELF-4R (WY) (9~o4) Page 3 of 8 Inltials~ LOAN NO. 51543 5. Occupancy, Preservati~cn, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borro</ver shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after ":tie execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date clf.occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unlesls' extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender cf any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantia ly change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may i'nspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default .if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the ProDe~y as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby a,si;igned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in 'the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to ':he principal shall not extend or postpone the due date of the monthly payments, which are referred td in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the e[itity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on t~me directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's intere.~'i: in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing the.,~;e payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce la~,s or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items men=:ioned in paragraph 2. Any amounts disbursed by ~Lender under this paragraph shall become an additional debt ol Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate ,and at the option of Lender, shall be immediately due and payable. Borrower shall promptly ~lischarge any lien which has priority over th s Security Instrument unless Borrower: (a) agrees in writing~to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in go3d faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. f Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. FHACase No. 591-0954311-7§6 ELF-4R(WY) [96o4) Page 4 ol' 8 InJtials:~ LOAN NO. 51543 8. Fees. Lender may colldct'fees and Charges authorized by the Secretary. 9. Grounds for Accelerat~or~ of Debt. (a) Default. Lender m~y,~ except as limited by regulations ~ssued by the Secretary, in the case of payment defaults, requiie immediate payment in full of all sums secured by this Security Instrument (i) Borrower default~.!~ ~y failing to pay in full any monthly payment required by this Security Instrument prior to.or' o.h the due date of the next monthly payment, or (ii) Borrower defaults '~y failing, for a period of thirty days, to perform any other obligations contained in this SecJrity Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Qermain Depository Institutions Act of 1982, 12 U.S.C. 1701i-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the P.'operty, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or graptee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circu,"nstances occur that would permit Lender to require immediate payment in full but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. I.n many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. TI-iis Security Instrument does not authorize acceleration or foreclosure if not permitted by regulation., of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligibl.~ for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive pro~f of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrc.wer has a right to be reinstated if Lender has required immediate payment in full because of Borrower's faihJre to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligation~ of Borrower under this Security Instrument, foreclosure costs and reasonable and customary ~ttorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatem~,nt by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Le,qder had not required immediate payment in full. However, Lender is not required to permit reinstatem,.~nt if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) rei~s'.atem ent will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Rele~sed; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of am'or;~zat~on of the sums secured by this Security Instrument granted by Lender to any successor ~n interest of, Borrower shall not operate to release the liability of the original Borrower or FHACase No, 59] -095431 ]-;96 Tr'- C') ELF-4R (WY) (~o4) P~,~ 5 of a I~i~i~,s , LOAN NO. 51543 Borrower's successor in ~nterest. Lender shall not be required to commence proceedings against any successor in interest or refuse t(,), extend time for payment or otherwise modify amortization of the sums secured by this Security Instrum~ ~t by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any ri;;ht or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this. Security Insth~Jment shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint ..and several. Any Borrower who' co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrurrent only to mortgage, grant and convey that Borrower's interest in the Property under the terms of th;s Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make' any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice t,o Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by [,ii'st class mail unless applicable law requires use of another metho.d.. The notice shall be directed to the P:roperty Address or any other address Borrower designates by not~ce to Lender. Any notice to Lender s;-iall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Sever~:~bility. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note' conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting th~ Property that is in violation of any Environmental Law. 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 r~cognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice 'of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or EnvirOnmental Law of which Borrower has actual knowledge. If Borrower learns, or ~s notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affectihg the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Envirc nmental Law. As used in this paragrap~ 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means f6,deral laws and laws of the iurisdiction where the Property is located that relate to health, safety or e nviro~mental protection. FHAOase No. 59110954311-796 ~,~'"~'~-~ ELF-4R(WY) {9604) P=ae 6 of 8 Initial LOAN NO. 51543 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional sec Jrty only. If Lender gives notice cf breach to Borrower: (a) all rents received b~/ Borrower shall be held by Borrower as trustee for ber,ef..it of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall Fay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving hotice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. 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 the debt secured by the Security Instrument.is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, 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 poss.~ssion of the Property, if different, in accordance with applicable law. Lender shall give notice of. the sale to Borrower in the manner provided in paragraph 13. Lender shall publish the notice o1' 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 of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without c'~arge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of curtesy and dower in the Property 21. R~ders to this Security, Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.. [Check applicable box(es)]. [] Condominium Rider [] Growing Equity Rider r--'-~Other [specify] ~4CDA E~Planned Unit Development Rider F-]Graduated Payment Rider ~'AX-g×g~?~' ¥]:I~A~C[~G FHA Case No. 591-0954311-796 ELF-4R(WY) (~o4) · Page 7 of 8 tnitial~ LOAN NO. 51543 BY SIGNING BELOW Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ~ ANTHOClV-'BDCK BRANDT -Borrower ¢,I~I~N~F'F~~' E BRANDI' (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower STATE OF WYOMING, L I NCOLN County ss: The foregoing instrument was acknowledged before me this June 1, (date) by ANTHONY BUCK BRANDT ~md JENNIFER E BRANDT, HUSBAND AND WIFE 2004 My Commission Expires': (person acknowledging) October 2, 2007 FHA Case No. 591-0954311-79'6 ELF-4RONY) (96o4) b,ic REB~-CCA L. I~I~RISON Page 8 of 8 NOTARY ~ PUBLIC COUNTVOF oF S1NEEfWAER WYOMING CO~MlSSlON ~PINE8 OCT 2 2~7 LOAN~NUMBER: CASE NUMBER: 51543 WYOMING ~OMMI/NITY DEVELOPMENT AUTHORITY THIS TAX-EXEMPT FINANCING RIDER is made this ! day of June 2004 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (..Security:Instrument") of the same date given by the undersigned ("Borrower"~)' to secure Borrower's Note ("Note") to ROCK SPRINGS NATIONAL BANK ("Lender") of the same date and covering the property described in the Security Instrument an~.locat~d at: 536 iWESI 6TH AVENUE PO BOX 62 , LABARGE , WY 83123-0062 In addition to the cov~inants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: 591-0954311-796 Lender, or such of its successors or a~signs as may by separate instrument assume resp?nsibility for assuring compliance by the Borrower with the prov].sions of this Tax-Exempt Financing Rider, may require immediate paymenn in full of all sums secured by this Security Instrument if: (a) Ail or part of the Property is sold or otherwise transferred (otker than by devise, descent or operation of law) by Borrower to a purchaser of other transferee: (i) Who cannot reasonably be expected to occupy the property as a principal resident within a reasonable time after the sale or transfer, all as provided in Section 143(C) and (i[) (2) of the Internal Revenue Code; or (ii) Who has had a present ownership interest in a principal re~idence during any part of the three-year period ending on the date of the sale or transfer, all as provided in ~ection 143(d) and (i) (2) of the Internal Revenue Codel (except that "100 percent" shall be substituted for "95 percent or more" where the latter appears in Section 143(d) (1); or (iii) ~n an acquisition cost which is.greater than 90 percent of the average area purchase price (greater than 110 percent for targeted area residences), all as provided in Section 143(e) and (i) (2) of the Internal Revenue Code.; or (iv) Whose family income exceeds applicable income limits as provided in Section 143(f) and (i) (2) of the Internal Revenue Code; or (b) Borrower f~ils to occupy the property described in the Security Instrunent without prior written consent of Lender or its successors Dr assigns described at the beginning of this Tax Exempt Financing Rider, or (c) Borrower omzts or misrepresents a fact that ~s material with respect to the provisions of Section 143 of the Internal Revenue Code in an application for £he loan secured by the Security Instrument. References are to the Internal Revenue Code, as amended, in effect on the date of execution of the Security Instrument and are deemed to ~nclude the implementing regulations. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions in this TAPE-EXEMPT FINANCING RIDER. ~T(~L~,,/I'SUCK BRANDT E BRA~DT WCDA MPP Form 210-B ([~evised 3/92)