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HomeMy WebLinkAbout900272S002:I2 RECEIVED 'LIFICOLfq CClt.,f"!'fY C;LERI< Space Above This Line For Recording Data MORTGAGE DATE AND PARTIES. The date of"thls Mortgage (Security Instrument) is June 25, 2003. The parties and their addresses are: MORTGAGOR: GARY A CONDOS 1331 LINCOLN HEIGHTS DRIVE KEMMERER, Wyoming 83101 LENDER: FIRST NATIONAL BANK - WES3" "7 b Organized and existing under the laws of the United States of America 1001 Main Street Evanston, Wyoming 82930 83-0162601 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and'to secure the Secured Debts and iMortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys, mortgages and war;ants, to Lender, with the power of sale, the following described property: LOTS 14, 15 AND 16 OF BLOCK "14; TO THE TOWN OF DIAMONDVILLE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICAL PLAT'THEREOF The property is located 'in LINCOLN Co~mty at 406 DIAMONDVILLE AVENUE, DIAMONDVILLE, Wyoming 83116. Together with ail rigi~ts, easements,, aopurtenances, royalties, mineral fights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property'.. This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT..l-he total principal amount secured by this Security Instrument at any one time will not exceed $40,130.20. Thisli~ni~ation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrurnent. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3. SECURED DEBTS. This Security !instrument will secure the following Secured Debts: A. Specific Debts. The followiEtg debts and all extensions, renewals, refinancings, modifications and replacements. A promissory notch No. 71-11373-2, dated June 25, 2003, from Mortgagor to Lender, with a loan amount of $40,130.20. B. All Debts. All present and fu'iu~e debts from Mortgagor to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. I[ more than one person signs this Security l~'strument, each agrees that it will secure debts incurred either individually or with others who may not sign :his Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional cr future loans or advances. Any such commitment must be in writing. In the event that Lender fails to provide' any required notice of the right of rescission, Lender waives any subsequent security interest in the Mortgagor's principal dwelling that is created by this Security Instrument. This Security Instrument will not secure any debt for which a non-possessory, non-purchase money secdrity interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt fo~ which a security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law governing securities. C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. ' 4. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Se:ured Debts and this Security Instrument. 5. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior se'~u?ity interest or encumbrance on the PropertY, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any' notices that Mortgagor receives from the holder. C. Not to allow any modificatien .or extension of, nor to request any future advances under any note or agreement secured by the lien docurqent without Lender's prior written consent. 6. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to GARY A CONDOS Wyoming Mortgage WY/4XXbeckymO0704400004066012091103¥ initials ©1996 Bankers Systems. Inc., St. Cloud, MN ~3~" Page 1 o9(io2 ;5 2 6 4 provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title tp the Property against any claims that would impair the lien of th~s Secu~W 'Instrument. Mo~tgago~ agrees to ~:s'~gn to [ende~, as ~eq~ested b~ [ende~, any dghts, claims o~ defenses Mo~tgago~ ma~ have against pa~des ~,ho suppl~ labo~ o~ m~tedals to maintain o~ ~mp~ove H~e P~ope~'W. ~. DU~ ON SAfe. [ende~ ma~, at ~']~'s~opt on, declare the endue balance of the Sec~ed Debts to be ~mmed~atel~ due and pa~able ~pon the c~eadon 0~,~'o~ cont~act fo~ the c~eadon oL a t~ansfe~ o~ sale o~ all o~ any pa~t of the P~ope~W. Th~s dght is subject to the ~estdct~ons ~m~osed b~ fede~allaw 9overn~n9 the p~eempdon of state due-on- sale laws, as applicable. ~ ~' 8. WARRANTIES A~D R~PR[S~T~Y~IO~S. Mo~tgago~ has the d~hi and authodW to ente~ ~nto this Secu~t~ Instrument. The execution and de~ve~ of th~s Secu~iW Instrument w~ll not v~olate any agreement 9ove~n~n9 Mo~tgago~ o~ to which Mortgagor ~s a ~.a~t~. 9. PROPERTY CONDITION, ALTERAI/ONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonal:,ly necessary. Mortgagor will not commit or allow any waste, impairment, or deterioration of the Property. Mort~;agor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occu~a~cy and use will not substanta y change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor vil. I notify Lender of ail demands, proceedings, claims, and actions against Mortgagor, and of any los:; or daf~age ~o the Property. No portion of the Property will be ren.oved, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right tc~' remove items of personal property comprising a par[ of the ProperW that become worn or obsolete, provided ~:l~}zt such personal property is replaced with other personal property at least equal in value to the replaced personal:; property, free from any ~itle retention device, security agreement or other encumbrance. Such replacement of m~rsona property will be deemed subject to the security interest created by this Security Instrument. Mortgagor Wi not partition or subdivide the Property without Lender's prior written co~sent. Lender or Lender's agents may, at L0nder's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender will give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspectioq. Any inspection of the Property will be entirely for Lender's benefit and Mortgagor will in no way rely on Lenc;.~r's inspection. 10. AUTHOR TY TO PERFORM. If M)rtgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, w.[hout notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in factto sign Motgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor will not cre~t.e an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender s other rights under the law or this Security Instrument. If any construction on the Property is discontinued or nc[ :carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in ti e Property, including completion of the construction. 11. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, conveys, mortgages and warrants to Lender as additional secu:.' t~ all the right, title and interest in the following (all referred [o as Property). A. Existing or future leases, suble:~s'as, licens,~s, guara~ties and any ,;ther wrjtte~ or verbal agreements for the use and occupancy of the Prope t,~, including any extensions, renewals, modifications or replacements (all referred to as Leases). B. Rents, issues and profits (all r~[~rred to as Rents), including but not limited to security deposits, minimum rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance~remium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance,~ guest receipts, revenues, royalties, Proceeds, bonuses, accounts, contract rights, general intangibles, and all '~i~';hts and claims which Assignor may have that in any way pertain to or are on account of the use or occupancy bi the whole or any part of the Property. In the event any item listed as Lease~ c~r Rents is determined to be personal property, this Assignment will also be regarded as a security agreement.' Mortgagor will promptly provide Lender wilh copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases an'd any other information with respect ~o these Leases will be provided immediately after they are executec~.' Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Mortgago~ will not collect in advance any Rents due in future lease periods, unless Mortgagor first obtains Lender's wri-':t~;,n consent. Upon default, Mortgagor will receive any Rents in ~rust for Lender and Mortgagor will not commi"~glethe Rents with any other funds. When Lender so directs, Mortgagor will endorse and deliver any payments o' Rents from the Property to Lender.. Amounts collected will be applied at Lender's discretion to the Secured De,ts, the costs of managing, protecting and preserving the ProperW, and other necessary expenses. Mortgagor agre~~ that this Security Instrument is immediately effective between Mortgagor and Lender. This Security Instrumen':. will remain effective during any statutory redemption period until the Secured Debts are satisfied. Unless ct~,erwise prohibited or prescribed by state law, MortGagor agrees that Lender may take actual possession of the Property without the necessity of commencing any legal action or proceeding. Mortgagor agrees that actual possessic;n of the Property is deemed to occur when Lender notifies Mortgagor of Mortgagor's default and demands th ~t Mortgagor and Mortgagor's tenants pay all Rents due or to become due directly to Lender. Immediately after Lender gives Mortgagor the notice of default, Mortgagor agrees that either Lender or Mortgagor may immediate'y notify the tenants and demand that all future Rents be paid directly to Lender. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject o the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, a its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to compl,' with the Leases and any applicable law. I1 Mortgagor or any party to the Lease defaults °r fails to observe any applicable law, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance wi::h' the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will not sullfft, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered I.~y~the Leases (unless the Leases so required) without Lender's consent. Mortgagor will not assign, compromse, subo~dnate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to' manage, protect or preserve the Property, excepl for losses and damages GARY A CONDOS Wyorni~g Mortgage WY/4XXbeckymOq~ ~!:~40660 ~ 209 ] ~ 03Y ©1996 0anke'~s inc., St. Cloud, MN F~P~" Ir, idals 2 due to Lender's gross negligence or i'n'~entional torts. OtherwiSe, Mortgagor will indemnify Lender and hold Lender harmless for all liability, loss or dan'age that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under th<, L~eases. 12. DEFAULT. Mortgagor will be in d~fault if an~ of the ~ollowin~ occur: A. Payments. Mort~a~or ~ails to ~n~,k~ a payment in full when due. B. InsolvencY. Mort~a~ot mak~,s:~an assignment ~o~ ~he benefit al creditors or becomes insolvent, either b~caus~ Mortgager's liabilities exuded Mortgager's assets or Mott~a~or is unabl~ to pa~ Mortgager's debts as they becom~ du~. C. D~athorlncomp~tency. Mort~a~ordies aris declaredle~allyincompetent. D. Failure to Perform. Mortgagc.~r ~fails to perform any condition or to keep any promise or covenant of this Security Instrument E. Other Documents. A default occhrsunder the terms of any other transaction document. F. Other Agreements. Mortgagor is~in default onany other debt or agreement Mortgagor has with Lender. G. Misrepresentation. Mortgago~ makes any verbal or written statement or provides any financial information tiaat is untrue, inaccurate, or conce<ls a material fact at the time it is made or provided. H. Judgment. Mortgagor failsto sa'tisfy or appeal any judgment against Mortgagor. I. Forfeiture. The Propertyis used. il;aa manneror for a purpose that threatens confiscation by alegalauthority. J. Name Change. Mortgagor chm~ges Mo~'tgagor's name or assumes an ._additional name without notifying Lender before making such a char:ge. K. Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor.'s money or property. This condition of default, as it relates:tc~ the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. " L. Property Value. The value of t~'~e~.Property declines or is impaired. M. Insecurity. Lender reasonably :believes that Lender is insecure. 13. REMEDIES. Lender may use one and all remedies Lender has under state or federal law or in any instrument evidencing or pertaining to the Secu'red Debts, including, without limitation, the power to sell the Property. Any amounts advanced on Mortgager's belsalf will be immediately due and may be added ~o the balance owing under the Secured Debts. Lender may ma~<e:a claim for any and all insurance benefits or refunds thal may be available on Mortgager's default. Subject to any right to cure, require,'l l~ime schedules or any other notice ~ights Mortgagor may t~ave under federal and state law, Lender may make all or any part of the amount owing by the terms of lhe Secured Debts immediately due and foreclose this ,Security Instrument in a manner provided by law upon the occurrence of a default or anytime thereafter. Upon any sale of the Property, Lender;, will make and deliver a special or limited warranty deed that conveys the property sold to the purchaser or purchasers Under this special or limited warranty deed, Lender will covenant that Lender has not caused or allo'N~d a lien or 'an encumbrance to burden ~he Property and lha~ Lender will specially warrant and defend the Pro0e~ty's. title of the purchaser or purchasers at the sale against all lawful claims and demand of all persons claiming Oy, through or under Lender. Tlqe ~ecitals in any deed of conveyance will be prima facie evidence of the facts set',,orth therein. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whelher or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after lhe balaqc~ is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's righ': t~ require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right to later consider the evenl a defaull if it continues or happens again. 14. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the exten~ permitted by law, Mortgagor agrees to pay all expenses,,: of collection, enforcement or protection of Lender's rights and remedies under this SecuriW Instrument. Mor:g~.gor agrees to pay expenses for Lender toinspect and preserve the Property and for any recordation costs of relcag~ing the Property from this Security Instrument. Expenses include, but are not Jimiled to, attorneys' fees, COL'rt'cosls and other legal expenses. These expenses are due and payable immediately. If not paid immediately i~bese expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as.'provided for inthe terms of the Secured Debts. To the extent permitted by the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees Lender incurs to collecl ll~e Secured Debts as awarded ~'y any court exercising jurisdiction under the Bankruptcy Code. 15. ENVIRONMENTAL LAWS AND }iA~ZARDOUS SUBSTANCES. As used in this section, (~) Environmental Law means, without limitation, the Comp'ehens. ve Environmental Response, Compensation and Liability Act (CERCLA), all other federal~ state and local la~;vs, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the pe~bl~c health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any to?lc; radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the subslance dangerous or po~enliallv dangerous to ~l-~e public health, s~fety, welfare or environment. The term ir~cl~.ldes, without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law. Mortgagor represents, warrants and ~grees that: A. Except as previously disclosed ~nd acknowledged in writing to Lender, no Hazardous Substance bas been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary cot{~rse of business and in stric~ compliance with all applicable Environmental Law. B. Except as previously disclosed an~ acknoWledged in writing to Lender, Mortgagor has not and will not cause, contribute to, or permit the releas~ df any Hazardous Substance on the Property. C. Mortgagor will .immediately n'otiT[y Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Pro~perty or migrates or threatens to migrate from nearby property;or (2) there is a violation of any Environmenta~ Elaw concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Environmental Law. D. Except'as previously disclosec and acknowledged in writing to Lender, Mortgagor has no knowledge of or reason to believe there is any pe0di;~g or threatened investigalion, claim, or ~roceeding of any kind relating to GARY A CONDOS Wyoming Mortgage Initials WY/4XXbeckymO0704400004066012091103Y ©1996 Bankers Systems, Inc., St. Cloud. MN g,,,t"~-t:~" Page 3 0:900 "- {1 any Hazardous Substance located on, under or about the Property; or {2} any violation by Mortgagor or any tenant of any Environmental Law. : Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but n'3t the obligation, to participate in any such proceeding including the right to receive copies of any documents ~id~ting to such proceedings. E. Except as previously discosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are and will remain in full co ~pliance with any applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wei~s located on or under the Property and no such tank, dump or well will be added unless Lender first consents iI~ writing. G. Mortgagor will regularly inspe~;l: the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses i~i approvals required by any applicable Environmental Law are obtained and complied with. '. H. Mortgagor will permit, or cause~ any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records a-', i~ny reasonable time to determine {1) the existence, location and nature of any Hazardous Substance on, und?r?or about the Property; {2} the 'existence, location, nature, and magnitude of any Hazardous Substance that h~s been released on, under' or about the Property; or {3} whether or not Mortgagor and any tenant are in corhpliance with applicable Environmf. ntal Law. I. Upon Lender's request and al :'mY time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental engineer to .prepare ai~ environmental audit of the Properly and to submit the results of such audit to Lender. The cbc ce of tile e¥~ironmental engineer who will perform such audit is subject to Lender's approval. d. Lender has the right, but not tl~e~obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense. K. As a consequence of any brca~:h of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hoM !Lender and Lender's successors or assigns, harmless from and against all losses, claims, demands, liabilities damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all cost~ of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at L~;der's discretion, Lender may release this Security Instrument and in return Mortgagor w l provide Lender.wi[hi'co ateral of at least equal value to the Property secured by this Security Instrument without prejudice to any !of Lender's rights under this Security Instrument. L. Notwithstanding any of the langLage contained in this Security Instrument to the contrary, the terms of this section will survive any foreclosur, .or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 16. CONDEMNATION. Mortgagor willlgive Lender prompt notice of any pending or threatened action by private or public entities to purchase or take an'./.or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lende~'~'o intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 17. INSURANCE. Mortgagor agrees 'o keep the Property insured against the risks reasonably associated with the Property. Mortgagor will maintain thi;;insurance in the amounts Lender requires. This insurance will last until tile Property is released from this SecurJt~ Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the ',;e~cured Debts. Mortgagor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld. All insurance policies and renewals vxil? include a standard "mortgage clause" and, where applicable, "loss payee clause." If required by Lender, Mort~.!a!gor agrees to maintain comprehensive general liability insurance and rental loss or business interruption insurance l n amounts and under policies acceptable to Lender. Tile comprehensive general liability insurance must name..:!Lender as an additional insured. The rental loss or business interruption insurance must be in an amount equal't.o at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in wr:ting.) Mortgagor will give Lender and the irssrance company immediate notice of any loss. All insurance proceeds will be applied to restoration or repair of ~he Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, M.)rjtgagor's rights to any insurance policies and proceeds will pass to Lender to the .extent of the Secured Debts. Mortgagor will immediately notify Len]~:;r of cancellation or termination of.nsurance. If Mortgagor fails to keep the Property insured Eender may obtain m~urance to protect Lender's interest in tile Property. This insurance may include coverages not originally requi'e!d of Mortgagor, may be written by a company othe~ than one Mortgagor would choose, and may be written a'.: a higher rate than Mortgagor could obtain il Mortgagor purchased the insurance. 18. ESCROW FOR TAXES AND INSL:R"ANCE. As provided in a separate agreement, Mortgagor agrees to pay to Lender funds for taxes and insurance in ';escrow. 19. CO-SIGNERS. If Mortgagor signs !this Security Instrument but does not sign the Secured Debts, Mortgagor does so only to mortgage Mortgago:,'S interest in the Property to secure payment of the Secured Debts and Mortgagor does qot agree to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Mortglc~!~or, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. Tl~ese rights may include, but are not limited to, any anti-.clef c ency or one-action laws. 20. WAIVERS. Except to the extent p~iohibited by law, Mortgagor waives all homestead exemption rights relating to the Property. 21. APPLICABLE LAW. This SecuriW Instrument is governed by the laws of Wyoming, except to the extent otherwise required by the laws of the.'iu.risdiction where the Property is located, and the United States of Amedca. 22. JOINT AND INDIVIDUAL LIABIL;TY AND SUCCESSORS. Each Mortgagor's obligations under this Security Instrument are independent of the obligations of any other Mortgagor. Lender may sue eacb Mortgagor individually GARY a CONDOS Wyoming Mortgage WYI4 XXbeckyr ~O~tm'~?~'4066012091103Y ©1996 Banke~, Inc., Initials St. Cloud, MN F~,~';'~,~ 77;:-7~:7:7¢ Page 4 or together witt~ any o't'Her Mortgagor Lender may release any part of the Property and Mortgagor will still be obligated under this Security Instrum~mt for the remaining Property. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Mortgagor. 23. AMENDMENT, INTEGRATION AHD SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by Mortgagor and Lender. This Security Instrument is the complete and final expression of the agreement. If any provision of this SeCurity Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions w.'ill still be enforceable. 24. INTERPRETATION. Whenever ~s~;d, the singular includes the plural and the plural includes the singular. The secuon headings are for convenienc~ only and are not to be used to interpret or define the terms of this Security Instrument. 25. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to aq¥ other address designated in writing. Notice to one party will be deemed to be notice to al parties. Mortgagor w!ll inform Lender in writing of any change in Mo[tgagor's name, address or other application information, Mortgagor will provide Lender any financial statements or information Lender requests. All financial statements ~,nd information Mortgagor gives Lender will be correct and complete. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Leander may consider necessary to perfect, continue, and. F r~iserve Mortgagor's obligations under this Security Instrument and to confirm Lender'slien status on any Property. ]imeis of the essence. SIGNATURES. By signing, Mortgagor agrees to the terms and covenants contained in this Security Instrument. Mortgagq(l~lso a~knowledges rece p~ olf a copy of this Security Instrument. Individually LENDER: .~, /,,~,./. First NationaIBank~{ /~ M~c~ael Seppala, ~s~d~ ACKNOWLEDGMENT. (Individual) This instrument was acknowledged before me tl'~s GARY A CONDOS . My commission expi,-es: ]]¢1 (Notary Public) HEATHER NEAL .801 West Highway 40 Vernal, Utah 84078 "~/ My Commission Expires January 8, 2005 State of Uta~..h.~, (Lender Acknowledgment) ~x~4~ OF L,~Or~', ~Sb " ~°~"~h' OF ~', ,q, Jtcc ss. This instrument was acknowledged br~fore me tl~is }--t-~,b. day of ~ cz~,._o , Michael Seppala as President of First'National Bank - West. (Notary Public) GARY A CONDOS Wyoming Mortgage WY/4 XXbeckymO0704400004066012091103Y Initials ~1996 Bankers Systems, Inc., St, Cloud, MN ~," Page 5