HomeMy WebLinkAbout900384Prepared by and When Recorded Return To:
ROXIE JENKINS
FIRST NATIONAL BANK-WEST
314 S WASHINGTON/PO 'BOX 1620
· _z. '2
6
......................................... i~pace Above This Line For Recording Data} ......................................
LOAN NO. 5881122'/
MORTGAGE
-%1
DEFINITIONS
Words used in multiple sections m* 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" meats this docmnent, which is dated
together with all Riders to this do, mment.
(B) "Borrower" is
STEVE K HUHTALA AND !gLIZABETH W HUHTALA,
JUNE 8, 2004
husband and wife
Borrower is the mortgagor under :'1 is Security Instrument.
(C) "Lender" is
FIRST NATIONAL BANK - WEST (AFTON BRANCH)
Lender is a NATIONAL BANKING ASSOCIATION
under thelawsof THE UNITED STATES OF AMERICA .
Lender' s address Is
314 SO. WASHINGTON/ ?.O. BOX 1620
AFTON, WY 83110
Lender is the mortgagee under this Security Instrument.
organized and existing
(D) "Note" means the prmmssory note signed by Borrower and dated JUNE 8, 2004
The Note states that Borrower owes Lender
NINETY-SIX THOUSAND AND 00/100
Dollars (U.S. $ 96,000. 30 ) phis interest Borrower has promised to pay this debt in regular
Periodi~ Payments and to pay the debt in full not later than JULY 1, 2034
(E) "Property" means the property that is described below under the heading "Transfer of Rights in lhe
Property."
(F) "Loan" means the debt evidenced by the Note. plus interest, any prepayment charges and late charges due
under the Note, and all stuns due _ruder this Security Instrument, plus interest
(G) "Riders" means all riders tc this Security lustrument that are executed by Borrower. The following riders
are to be executed by Borrower [ci~eck box as applicable]:
['---~ Adjustable Rate Rider
1-4 Family Rider
[]Balloon Rider
Condominimn Rider
Second Home Rider
IOther(s) [specify]
Planned Unit Develop~nent Rider
Biweekly Payment Rider
NOTE:
WYOMING - Sin gle Family - Fannie M~e/Freddle Mac UNIFORM INSTRUMENT Form 3051 (0 I/0 I)
_ - Page I of 12
This serves to correct that cerra~n mortgage recorded ~' ~ ~
June 9, 2004 in Book 558PR on page 278 to correct
the Planned Development. Rider which was attached incorrectlv~'~~
and to include the 1-4 FamilyRidar.
(H) "Applicable Law" means a{l controlling applicable federal: state and local statutes, regulations, ordinances
and administrative rules and or&?rs (that have the effect of law) as well as all applicable final non-appealable
jud~c{al opinions. '
(1) "CommuMty Association Dues, Fees and Assessments" means all dues, fees, assessments and other charges
that are ~mposed on Borrower or the Property by a condominmm association, homeowners association or similar
organization.
(J) "Rleetronie Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft., or similar paper instrumeat, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so a~ to order, instruct, or authorize a financial institution to deb~t or credit an
account, Such term includes, butis not limited to, point-of-sale transfers, automated teller machine transactions,
transfers initiated by telephone, ~'.re transfers, and automated clearinghouse transfers.
(K) "Escrow Items" mean those'2ems that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any
third party (other than insurance l:roceeds paid under the coverages described in Section 5) for: (i) damage lo, 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)misrepresentations ot; or omissions as to, the value and/or condition of the
Property.
~) "Mortgage Insurance" meres insurance protecting Lender against the nonpayment o~ or default on, the
Loan.
~) "Periodic Payment" means lhe regularly scheduled amount due for (i) principal and interest under the Note,
plus (ii) any amounts under Secticn 3 of this Security Instrument.
(O) "RESPA" means the Real E~tate Settlement procedures Act (12 U.S.C. ~2601 et seq.) and its implementing
regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended ~om time to time, or any additional
or successor legislation or regular:on that governs the same subject matter. As used in this Security Instrument,
"RESPA" refers to all requiremen:ts and restrictions that are imposed in regard to a "federally related mortgage
loan" even if the Loan does not qtalify as a "federally related mortgage loan" under RESPA.
(P) "Successor in Interest of Bo;';rower" means any party that has taken title to the Property, whether or not that
party has assumed Borrower's ob gations under the Note and/or this Security Mstrument.
TRANSF ER oF RIGHTS IN THE, pROpERTY
This Security Instrument secures to Lender: (i)the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii)~ the performance of Borrower' s covenants and agreements under this Security
Instrument and the Note. For th ~ purpose, Borrower does hereby mortgage, grant and convey to Lender and
Lender' s successors and assi~s, ~;th power of sale, the following described property located in the
TO~ OF T~YNE ~ype of Recording Jurisdiction]
of LINCOLN cO~Ty :
[Name of Recording Jurist ~ction]
Lot 5 of the Star Valley Rancl~ Piat 4, Lincoln County, Wyoming as
described on the official plat the :eof.
WYOMING - Single Family -Fannie Mae 'Freddie lVlac UNIFORM INSTRUMENT
Page 2 of 12
Form 305l (01/01)
which currently has the address
Wyoming 83127
[zi p
118 BRAMBLEBERRY DRIVE, THAYNE
[Stroll
(" Property Address"):
TOGETItER WITH all the m~provements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security lnstruraent. All of the foregoing is referred to in this Security Instrmnent as the
"Property."
BORROWER COVENANT~ that Borrower is lawfully seised of tile 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. Borrower warrants and Will defend generally the title to the Property against all claims and demands,
subject to any encumbrances of re'cord.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants
with limited variations by jurisdict,ion to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Pay~nent of Principal, fnterest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal ?f, and interest on, the debt evidenced by the Note and any prepayment charges
and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursnant 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 instrument receiveJ by Lender as payment under the Note or this Security Instrument is returned to
Lender unpaid, Lender may reqmre that any or all subsequent payments due under the Note and this Security
Instrument be made in one or mere of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
certified check, bank check, tret~';urer's check or cashier's check, provided any such check is drawn upon an
institution whose deposits are in,sated by a federal agency, instrumentality, or entity; or (d) Electronic Funds
Transfer.
Payments are deemed receiv"~d by Lender when received at the location designated in the Note or at such
other location as may be designer:ed by Lender in accordance with the notice provisions in Section 15. Lender
may return any payment(s) or pat;?al payment(s) if the payment(s) or partial payments are insufficient to bring the
Loan current. Lender may acce!r~t any payment(s) or partial payment(s) insufficient to bring the Loan current,
without waiver of any rights hert~under or prejudice to its rights to refuse such payment(s) or partial payments in
the future, but Lender is not obi'gated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as o[ its scheduled due date, then Lender need not pay interest on unapplied funds.
Lender may hold such unapplied' funds until Borrower makes payment(s) to bring tile Loan current. If Borrower
does not do so within a reasona.31e period Of time, Lender shall either apply such funds or return them to
Borrower. If not applied earlier,, such funds will be applied to the outstanding principal balance under the Note
inmqediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against
Lender shall relieve Borrower fi'om making pay~nents due under the Note and this Security Instrument or
Performing the covenants and agreements secured by this Security Instrument.
2. Application of Paymenr.,i 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 tile Note; (c) amounts due under Section 3. Such payments shall be applied to each
Periodic Payment in the order i:5 which it became due. Any remaining amounts shall be applied first to late
charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance
of the Note.
If Lender receives a paymert fi-om Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge du'e, the payment ~nay 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
repay~nent of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that
WYOMING - Single Family -Fannie M,tb/Freddie Mac UNIFORM INSTRUMENT
Page 3 of 12
Form 3051 (01/01)
63¢
any excess exists after the paymeht, is applied to the full payment of one or more Periodic Payments, such excess
may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges
and then as described in the Note.
Any application of payments, i;qsurance proceeds, or Miscellaneous Proceeds to principal due under the Note
shall not extend or postpone the d;te 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 tinder the
Note, until the Note is paid in full', ia sum (the "Funds") to provide for payment of amounts due for: (a) taxes and
assessments and other items whic.h can attain priority over this Security Instrument as a lien or encumbrance on
the Property; (b) leasehold paymlents or ground rents on the Property, if any; (c) premimns for any and all
insurance required by Lender under' Section 5; and (d) Mortgage Insurance premiums, if any, or any sums 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 caled "Escrow Items." At origination or at any time during the tei'm of the Loan,
Lender may require that Cormnun.ty Association Dues, Fees, and Assessments, if any, be escrowed by Borrower,
and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all
notices of amounts to be paid un6e'~ 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 It'ems. Lender may waive
Borrower's obligation to pay to I.e!nder Funds for any or all Escrow Items at any time. Any such waiver may
0nly be in writing. In 'the event of such waiver, Borrower shall pay directly, when and where payable, the
amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender
requires, shall furnish to Lender reqeipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make suci~ payments and to provide receipts shall for all purposes be deemed to be a
covenant and agreement container in 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 Ite~n, 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 reqt, ired under this
Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified 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 ~nstitution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lend4r is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shall apply the Furds to pay the Escrow Items no later than the time specified under RESPA.
Lender shall not charge Borrower~f0r holding and applying the Funds, annually analyzing the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower interest on the Ftmds and Applicable Law permits
Lender to make such a charge. Un~ess an agreement is made in writing or Applicable Law reqnires interest to be
paid on the Funds, Lender shall ngt!be required to pay Borrower any interest or earnings on the Funds. Borrower
and Lender can agree in writing,, i however, that interest shall be paid On the Funds. Lender shall give to
Borrower, without charge, an annn~l accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for
the excess funds in accordance w~th RESPA. If there is a shortage of Funds held in escrow, as defined under
RESPA, Lender shall notify Bor3'ower as required by RESPA, and Borrower shall pay to Lender the amount
necessary to make tip the shortage, i-n accordance with RESPA, but in no more than twelve monthly payments. If
there is a deficiency of Funds heir n escrow, as defined under RESPA, Lender shall notify Borrower as required
by RESPA, and Borrower shall p~-.y, to Lender the amount necessary to make up the deficiency in accordance with
RESPA, but in no more than twel','e monthly payments.
Upon payment in full of all'sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrowvr::shall pay all taxes, assessments, charges, fines, and impositions attributable to
the Property which can attain prior,ity over this Security Instrument, leasehold payments or grotmd rents on the
WYOI~fING - Single Family -Fannie Ma,climb-eddie Mac [INIFORM INSTRUMENT
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Form 3051 (01/01)
Property, if any, and Community Association 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 promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but
only so long as Borrower ts per£o~ ming such agreement; (b) contests the lien in good faith by, or defends against
enforcement of the lien in, legal proceedings which in Lender' s opinion operate to prevent the enforcement of the
lien while those proceedings are [Jending, but only until such proceedings are concluded; or (c) secures fi'om the
holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security lnstrmnent. If
Lender determines that any par~ of the Property is subject to a lien which can attain prmrity over this Security
Instrument, Lender may give B-~rrower a notice identifying tile 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 reqtnre Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender m conne,~'tion with this Loan.
5. Property Insurance. 3orrower shall keel) the improvements now exisnng or hereafter erected on the
Property insured against loss ["y fire, hazards included within the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained :in~ the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires.pttrsuant to the preceding sentences can change during the term of the Loan. The
insurance carrier providing thej~.surance shall be chosen by Borrower subject to Lender's right to disapprove
Borrower's choice, which right s. mll 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 t/me remappings or similar changes occur which reasonably might affect such determination or certification.
Borrower shall also be responsmle for the payment of any fees imposed by the Federal Emergency Management
Agency itl connection with the r,:view of any flood zone determination resulting from an objection by Borrower.
If Borrower ih/Is to maintain ony of the coverages described above, Lender ~nay obtain insurance coverage, at
Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or
amount of coverage. Therefore, such coverage shall cover Lender, but ntight or might not protect Borrower,
Borrower's equity in the Proper:y, Or the contents of the Property, against any risk, hazard or liability and might
provide greater or lesser coven~g¢ than was previously in effect. Borrower acknowledges that the cost of the
insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have
obtained. Any amounts disbu[,sert by Lender under this Section 5 shall become additional debt of Borrower
secured by this Security Instru~nent. These amounts shall bear interest at the Note rate fi.om the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies reqt, i~ed by Lender and renewals of s~ch policies shall be subject to Lender' s right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as
an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender
requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower
obtains anY form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the
Property; such policy shall indlud;~ a standard mortgage clause and shall name Lender as mortgagee and/or as an
additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,
any insurance proceeds, whetht:r,or not the underlying insurance was required by Lender, shall be applied to
restoration or repair of the Pr0Ferty, if the restoration or repair is economically feasible and Lender's security is
not lessened. During such relSai- and restoration period, Lender shall have the right to hold such insurance
proceeds until Lender bas had ain 'apportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided l'hrt such inspection shall be undertaken promptly. Lender may disburse proceeds
for the repairs and restoration in z. single payment or in a series of progress payments as the work is completed.
Unless an agreement is made in' writing oy 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 out of the insurance proceeds and shall be
WYOMING - Single Family - Fannie Ma,.qFreddie Mac UNIFORM INSTRUMENT
Page 5 of 12
Form 3051 (01/01)
the sole obligation of Borrower If the restoratmn or repair is not economically feasible or Lender's security
would be lessened, the ~nsuranc,~ proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with 11~ excess, if any, paid to Borrower. Such insurance proceeds shall be applied in
the order provided for in Section 2.
If Borrower abandons the P*'0perty, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier
has offered to settle a claim, the~ Lender may negotiate and settle the claim. The 30-day period will begin when
the notice is given. In either ev;nt, or if Lender acquires the Property under Section 22 or otherwise, Borrower
,hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts
unpaid under the Note or this Security Instrument, and (b) any other of Borrower' s rights (other than the right to
any refund of unearned pre~nium~ paid by Borrower) under all insurance policies covering the Property, insofar as
such rights are applicable to the ¢gverage of the Property. Lender may use the insurance proceeds either to repair
or restore the Property or to pay.' amounts unpaid under the Note or this Security hmtrument, whether or not then
due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within sixty days after tile execi, tion of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence fi~[~ 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, Maintem'ace and Protection of the Property; Inspeetionsl Borrower shall not destroy,
damage or impair the Property, ~tllow the Property to deteriorate or commit waste on the Property. Whether or
not Borrower is residing in the ~'roperty, Borrower shall maintain the Property in order to prevent the Property
from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that
repair or restoration is not econo.mically feasible, Borrower shall promptly repair the Property if damaged to avoid
further deterioration or damage.'~.!f insurance or condemnation proceeds are paid in connection with damage to, or
the taking of, the Property, Bor:'~wer shall be responsible for repairing or restoring the Property only if Lender
.has released proceeds for such p.:rposes. Lender may disburse proceeds for the repairs and restoration in a single
payment or in a series of progres), payments as the work is completed. If the insurance or condemnation proceeds
are not sufficient to repair or rl;store the Property, Borrower is not relieved of Borrower's obligation for the
completion of such repair or restoration.
Lender or its agent may matte reasonable entries upon and inspections of the Property. If it has reasonable
cause, Lender may inspect the in,-erior of the improvements on the Property. Lender shall give Borrower notice at
the time of or prior to such an in.:erior inspection specifying such reasonable cause.
8. Borrower's Loan Appi!eation. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or enti[.ies acting at the direction of Borrower or with Borrower' s knowledge or consent
gave materially false, misleading:, or inaccurate information or statements to Lender (or failed to provide Lender
with material information) in connection with the Loan. Material representations include, but are .not limited to,
representations concerning Borrower' s occupancy of tile Property as Borrower' s principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrowe~: fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that might significmSfly affect Lender's interest in the Property and/or rights under this Security
Instrument (such as a proceeding :n bankrnptcy, p{obate, for condemnation or forfeiture, for enforcement of a lien
which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has
abandoned the Property, then l'.bnder may do and pay for whatever is reasonable or appropriate to protect
Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing
the value of the Property, and s{curing and/or repairing the Property. Lender's actions can include, but are not
limited to: (a) paying any sums z.ecured by a lien which has priority over this Security Instrument; (b) appearing
in court', and (c) paying reasonable attorney's fees to protect its interest in the Pt:operty and/or rights under this
Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes,
but is. not limited to, entering thc Property to make repairs, change locks, replace or board up doors and windows,'
drain water fi'om pipes, elimina'!e building or other code violations or dangerous conditions, and have utilities
turned on or off. AlthOugh Lent'er may take action under this Section 9, Lender does not have to do so and is not
WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
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Form 3051 (01/01)
under any duty or obligation to cc so. It is agreed that Lender incurs ilo liability for not taking any or all actions
authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by
this Security Instrument These amounts shall bear interest at tile Note rate from the date of disbursement and
shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument i;'on a leasehold, Borrower shall comply with all the provismns of the lease. If
Borrower acquires fee title to th~; Property, the leasehold and the lee title shall not merge unless Lender agrees to
the merger in writing.
10. Mortgage Insurance.~ If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums:required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage lnsnrance coverage reqt.jred by Lender ceases to be available from the mortgage insurer that previously
provided such insurance and Bor:ower was required to make separately designated payments toward the premiums
for Mortgage Insurance, Borrow'er shall pay the premiums required to obtain coverage substantially equivalent to
the Mortgage Insurance previous y in effect, at a cost substantially equivalent to .tile cost to Borrower of tile
Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially
equivalent Mortgage Insurance co/erage is not available, Borrower shall continue to pay to Lender the amount of
the separately designated paymer:t.~ that were due when the insurance coverage ceased to be in effect. Lender will
accept, use and retain these payments as a non-refnndable loss reserve m lieu of Mortgage Insurance. Such loss
reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall
not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amoum and tbr tile period that Lender requires) provided
by an insurer selected by Lender ~gain becomes available, is obtained, and Lender requires separately designated
payments toward the premiums fo: Mortgage Insurance If Lender required Mortgage insurance as a condition of
making the Loan and Borrower ~'as required to make separately designated payments toward the premiums for
Mortgage Insurance, Borrower s~mll pay the premiums required to maintain Mortgage Insurance in effect, or to
provide a non-refundable loss re,;erve, until tile Lender' s requirement for Mortgage Insurance ends in accordance
with any written agreement betueen Borrower and Lender providing for such termination or until termination is
required by Applicable Law. Nothing in this Section 10 affects Borrower's obliganon to pay interest at the rate
provided in the Note. ,
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur
if Borrower does not repay the L'ban as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate t'aeir total risk on al such insurance m force from time to time, and may enter into
agreements with other parties thai: share or modi~' their risk, or reduce losses. These agreements are on terms and
conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These
agreements may require the mortgage insm'er to make payments using any sonrce of funds that tile mortgage
insurer may have available (whic-~ ,nay include funds obtained fi-om Mortgage Insurance premimns).
As a result of these agreemeats, Lender, any purchaser of the Note, another insurer, any reinsurer, any other
entity, or ally affiliate of any of the foregoing, may recmve (directly or indirectly) amounts that derive fi'om (or
might be characterized as) a pormm of Borrower's payments for Mortgage Insurance, in exchange for sharing or
modifying the mortgage insurer' ~ risk, or reducing losses. If such agreement provides that an affiliate of Lender
takes a share of the insurer's risk in exchange for a share of tile premiums paid to the insurer, the arrangement is
often termed "captive reinsurance:." Further:
(a) Any such agreements v)ill not affect the amonnts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms tff the Loan. Such agreements will not increase the amount Borrower will
owe for Mortgage Insurance, ami they will not eutitle Borrower to any refund.
(b) Any such agreements wi. il not affect the rights Borrower has - if any - with respect to the Mortgage
Insurance under the Homeow~.ers Protection Act of 1998 or any other law. These rights may inclmle the
right to receive certain disclosw-es, to request and obtain caucellation of the Mortgage lnsnrance, to have
the Mortgage lnsurauce terminated antomatically, and/or to receive a refund of any Mortgage Insurance
premiums that were unearned :~t the time of such cancellation or termination.
11. Assignment of Miscell~l~eous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to
and shall be paid to Lender.
WYOMING -Single Family- Fannie Ma2/Freddie Mac tJNIFORM INSTRUMENT
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Form 3051 (01/01)
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has
had an opportuniW to inspect su',::b Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shaill be undertaken promptly. Lender may pay for the repairs and restoration in a
single disbursement or in a series :~fprogress payments as the work is completed. Unless an agreement is made in
writing or Applicable Law requi~.es interest to be paid on such Miscellaneous Proceeds, Lender si\all not be
required to pay Borrower any intel:est or earnings on such Miscellaneous Proceeds. If the restoration or repair is
not economically feasible or Len(:er' s security would be lessened, the Miscellaneous Proceeds shall be applied to
the sums secured by this Security .'nstrument, whether or not then due, with the excess, if any, paid to Borrower.
Such Miscellaneous Proceeds shal,ilbe applied in the order pro,ideal for in Section 2.
In the event of a total taking, .destruction, or loss in value of the Property, tile Miscellaneous Proceeds shall
be applied to the sums secured by. !his Security Instrument, whether or not then due, with the excess, if any, paid
to Borrower.
In the event of a partial takin ~'i, destruction, or loss in value of tile Property in which the fair market value of
the Property immediately before .ihe partial taking, destruction, or loss in value is equal to or greater than the
amount of the sums secured by th% Security Instrument inm~ediately before the partial taking, destruction, or loss
in value, unless Borrower and Lender otherwise agree in writing, tile sums secured by this Security Instrument
shall be reduced by the amount of the Miscellaneous Proceeds muhiplied 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 partial takinT, 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, tile Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument whether or not the sun~,~ are then. due.
If the Property is abandoned ')y Borrower, or if, after notice by Lender to Borrower that the Opposing Party
(as defined in the next sentence) oTfers to make an award to settle a claim for damages, Borrower fails to respond
to Lender within 30 days after tthe date the notice is given, Lender is authorized to collect and apply the
Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security
Instrument, Whether or not then &e. ".Opposing Party" means the third party that owes Borrower Miscellaneous
Proceeds or the party against who~ Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default it' 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 Se~ ~rity Instrument. Borrower can ct, re such a default and, if acceleration has
occurred, reinstate as provided irC Section 19, by causing the action or proceeding to be dismissed with a ruling
teat, in Lender's judgment, preclqdes forfeiture of the Property or other material impairment of Lender's interest
in tee Property or rights under thii Security Instrument. The proceeds of any award or claim for damages that are
attributable to the impairment of Lender's interest inthe 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.
12. Borrower Not Released-Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of ti ~' stuns secured by this Security Instrument granted by Lender to Borrower or
any Successor in Interest of Borr~.wer shall not operate to release tile liability of Borrower or any Successors in
Interest of Borrower. Lender she? not be required to commence proceedings against any Successor in Interest of
Borrower or to refuse to extend ti'me for payment or otherwise modify amortization of the sums secured by this
Security Instrument by reason ot any demand made by the original Borrower or any Successors in Interest of
Borrower. Any forbearance by I_ cnder in exercising any right or remedy including, without limitation, Lender's
acceptance of payments from third persons, entities or Successors in Interest of Borrower or in mnounts less than
the amount then due, shall not be ',.) waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Lial)ility; Co-signers; Successors and Assigns Bonnd. Borrower covenants and
WYOMING - Single Family -Fannie M~ e/Freddie Mac UNIFORM INSTRUMENT
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Form 3051 (01/01)
63?
agrees that Borrower' s obi;gat;ors'and liability shall be joint and several. However, any Borrower who co-signs
this Security lnstrumen! but does not execute tile Note (a "co-signer"): (a) is co-s~gning this Security Instrument
only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security
Instrument; (bi is not personally obligated to pay the stuns secured by this Security Instrument; and (c) agrees that
Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to
the terms of this Security Instrument or tile Nole without the co-signer' s consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security lrstrument in writing, and ~s approved by Lender, shall obtain all of Borrower' s
rights and benefits under this Security Instrument. Borrower shall not be released fi-om Borrower's obligations
and liability under this Security Instrument unless Lender agrees to such release ~n writing. Tile covenants and
agreements of this Security Instrument shall brad (except as provided in Section 20) and benefit the successors and
assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for serwces performed in connection with Borrower's
det~ault, for the purpose of protecting Lender's interest in tile Property and rights under this Security Instrument,
including, but not limited to, attcrneys fees, property inspection and valuation fees. In regard to any other fees,
the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be
construed as a prohibition on the charging of such fee. Lender may not charge fees tlmt are expressly prohibited
by this Secm'ity Instrument or by:Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,
then: (a) any such loan charge stall be reduced by the amount necessary to reduce the charge to the permitted
limit; and Co) any sums already collected fi'om Borrower which exceeded permitted limits will be refunded to
Borrower. Lender may choose tc make this refund by reducing the principal owed under the Note or by making a
direct payment to Borrower. If .~ retired reduces principal, the reduction will be treated as a partial prepayment
without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's
acceptance of any such refund mac:e by direct payment to Borrower will constitute a waiver of any right of action
Borrower might have arising out ~t' such overcharge.
15. Notices. Ail notices gi',c.n by Borrower or Lender in connection with this Security Instrument must be
in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been
given to Borrower when mailed t~y first class mail or when actually delivered to Borrower' s notice address if sent
by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law
expressly requires otherwise. The notice address shall be the Property Address unless Borrower has deiignated a
substitute notice address by notic~e 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 througl that specified procedure. There may be only one designated notice address
tinder this Security Instrument at any one iime. Any notice to Lender shall be given by delivering it or by mailing
it by first class mail to Lender's a:ldress stated herein unless Lender has designated mmther address by notice to
Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to
Lender until actually received by Lender. If any notice required by this Security Instrument is also required under
Applicable Law, the Applicable '.~w requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by
federal law and the law of tile ju'-isdiction in which tile Property is located. All rights and obligations contained
in this Secm'ity Instrument are st bject to any requirements and limitations of Applicable Law. Applicable Law
might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not
be construed as a prohibition agii.nst agreement by contract. In the event that any provision or clause of this
Security Instrument or the Note ,.~C}nflicts with Applicable Law, such conflict shall not affect other provisions of
this Security Instrument or the N~te which can be given effect withoul tile conflicting provision.
As used in this Security Instru*ment: (a) words of the masculine gender shall mean and include corresponding
neuter words or words of the fem;inine gender; Co) words in the singular shall mean and include the plural and
vice versa; and (c) the word "ma,'," gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Bor:.'ower shall be given one copy of the Note and of this Security Instrument.
WYOMING - Single Family -FannleM:l.~c:/Freddie Mac UNIFORM INSTRUMENT'
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18. Transfer of the Propert) or a Beneficial Interest in Borrower. As used 'in thi~'S~ct~n 18, "Interest in
the Property" means any legal or i:eneficial interest in the Property, including, but not limited to, those beneficial
interests transferred in a bond fc~ deed, contract for deed, instalhnent sales contract or escrow agreement, the
intent of which is the transfer of t~lle by Borrower at a future date to a purchaser.
If all or any part of the Propel, ty or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial inet:rest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require i~ranediate p}~'ment in full of all sums secured by this Security Instrument. ttowever, this
option shall not be exercised by L ~.nder if such exerctse 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 fiom the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender .:hay invoke any remedies permitted by this Security Instrument witbout fm'tber
notise or demand on Borrower.
19. Borrower's Right to Rtinstate 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
off (al five days before sale of the Property pursuant to any power of sale contained in this Security Instrument;
Co) such other period as Applicab'e Law might specify for the termination of Borrower' s right to reinstate; or (c)
entry of a judgment enforcing thi'; Security Instrument. Those conditions are that Borrower: (al pays Lender all
sums which then would be due un'~er this Security Instrument and the Note as if no acceleration had occurred; Co)
cures any default of any other co'/enants or agreements; (c) pays all expenses incurred in enforcing this Security
Instrument, including, but not lin,:ted to, reasonable attorneys' fees, property inspection and valuation fees, and
other fees incurred for the purpose of protecting Lender's interest ill the Property and rights under this Security
Instrument; and (d) takes such m;fion as Lender may reasonably require to assure that Lender's interest in the
Property and rights tinder this Set:uriiy Instrument, and Borrower's obligation to pay the sums secured by this
Security lnstrumeot, shall contint e unchanged. Lender may require that Borrower pay such reinstatement sums
and expenses in one or more ol the following .forms, as selected by Lender: (al cash; (b) money order; (c)
certified check, bank check, trea, surer s check or cashier's check, provided any such check is drawn upon an
institution whose deposits are in:n'~red by a federal agency, instrumentality or entity; or (d) Electronic Funds
Transfer. Upon reinstatement by Borrower, tbis Security Instrument and obligations secured hereby shall remain
fully effective as if no acceleraticlr, had occurred. However, this right to reinstate shall not apply in the case of
acceleration under Section 18.
20. Sale of Note; Change 9? Loan Servicer; Notice of Grievance. The Note or a partial interest in the
Note (together with this Security 5'~strument) can be sold one or more times without prior notice to Borrower. A
sale might result in a change in .fi~e entity (known as the "Loan Servicer") that collects Periodic Payments due
under the Note and this Security lnstrument and performs other mortgage loan servicing obligations under the
Note, this Security Instrument, m'd Applicable Law. There also might be one or more changes of the Loan
Servicer unrelated to a sale of the'Note. If there is a change of the Loan Servicer, Borrower will be given written
notice of the change which will :;rate the name and address of the new Loan Servicer, the address to which
payments should be made and aff.y' other information RESPA requires in connection with a notice of transfer of
servicing." If the Note is sold ant ~thereafler the Loan is serviced by a Loan Servicer other than the purchaser of
the Note, the mortgage loan seYvicing obligations to Borrower will remain with the Loan Servicer or be
transferred to a successor Loan S~rvicer(s) and are not assumed by the Note purchaser unless otherwise provided
by the Note purchaser.
Neither Borrower nor Lende[ inay commence, join, or be joined to any judicial action (as either an individual
litigant or the member of a class) that arises from the other party' s actions pursuant to this Security Instrument or
that alleges that the other party ;las breached any provision of, or any duty owed by reason of, this Security
Instrutnent, until such Borrower or Lender has notified the other party (with such notice given in compliance with
the requirements of Section 15) 0r such alleged breach and afforded the other party hereto a reasonable period
after the giving of such notice to ~ake corrective action. If Applicable Law provides a time period which must
elapse before certain action can [;di taken, that time period will be deemed to be reasonable for purposes of this
paragrapb. The notice of acceler'}.ion and opportunity to cure given to Borrower pursuant to Section 22 and the
notice of acceleration given to Borrower pm'suant to Section 18 shall be deemed to satisfY the notice and
wYoMING - Single Family -Fannie M~: e/Freddie Mac UNIFORM INSTRUMENT
Page 10 of 12
Form 3051 (01/01)
.639
opportunity to take corrective action provisions of this Section 20.
21. Hazardous Snbstances~. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and he,'bicides,
volatile solvents, materials cont[ining asbestos or formaldehyde, and radioactive mater/als; Co) "Environmental
Law" means federal laws and lawt, of the jurisdiction where the Property is located that relate to health, safety or
environmental protection; (c) "Erwironmental Cleanup" includes any response action, remedial action, or removal
action, as defined in Environment64 Law; and (d) an "Environmental Condition" means a condition that can cause,
contribute to, or otherwise trigge: an Environmental Cleanup.
Borrower shall not cause or' permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release, any Hazardous Substances, on or m tile 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 Environmoatal'.Condition, or (c) which, due to tile presence, use, or release of a llazardous
Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall
not apply to the presence, use, c:r storage on the Property of small quantities of Hazardous Substances that are
generally recognized to be approp,-iate to normal residential uses and to maintenance of the Property (including,
but not limited to, hazardous substances in consumer products).
Borrower shall promptly giw~, Lender written notice of (a) 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, CO) any Environmental Condition,
including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous
Substance, and (c) any condition ~'~.used by the presence, use or release of a Hazardous Sub'stance which adversely
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 Hazardous Substance affecting the Property is
necessary, Borrower shall prompt!y take all necessary remedial actions in accordance with Environmental Law.
Nothing herein shall create any ot,lgation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. 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 cove~:.ant or agreement in tbis Security lnstrmnent (but not prior to acceleration
under Section 18 mfless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the
action required to cure the de£tblt; (c) a date, not less than 30 days from the date tbe notice is given to
Borrower, by which the default nmst be cured; and (d) that failure to cure the default on or before the date
specified in the notice may resul't in acceleration of the sums secured by tills Security Instrument and sale of
the Proper~y. The notice shall farther inform Borrower or' the right to reinstate alter acceleration 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 specitled in the notice, Lender at its
option may require immediate payment in full of all sums secm'ed by this Security Instrument without
further demand aod may invoke'the power of sale and any other remedies permitted by Applicable Law.
Lender shall be entitled to collect all expeuses incurred in pursoing the remedies provided in this Section 22,
including, but not lilnited to, re~sonable attorneys' fees and costs of title evidence.
If Lender invokes the powe~ of sale, Lender sball give notice of intent to foreclose to Borrower and to
the person in possession of the P. roperty, 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 sball be sold iii the manner prescribed by applicable law. Lender or its designee may
purchase the Property at any sate'~ The proceeds of the sale shall be applied in the following order: (a) to all
expenses of the sale, including, Eat not limited to, reasonable attorneys' fees; (b) to all sums secnred by tiffs
Security Instrument; and (c) auy excess to the person or persons legally entitled to it.
23. Release. Upon payment o~'all sums secured by this Security lnstrun~ent, 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 th~. fee is paid to a third party for services rendered and the charging of the fee is
WYOMING - Single Family - Fannie Mae/?reddie
Mac UNIFORM INSTRUMENT
Page I1 of 12
Form 3051 (01/01)
E;4 0
permitted under Applicable Law.
24, Waivers. Borrower releases and waives all rights under and by vtrtue of the homestead exemption laws of
Wyoming.
BY SIGNING BELOW, Bor'0wer accepts and agrees to the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
Witnes scs:
(Seal)
Social Security Number
Social Security Number
Social Security Number
(Seal)
(Seal)
Social Security Number
...................................... -[Space Below This Line For Acknowledgment] ......................................
STATE OF WYOMING )
) SS:
COUNTY OF LINCOLN )
The foregomglnstrumen[ was ackcowledged before me, a No[ary Public, on JUNE 16, 2004
Date
by: husband and wife
STEVE K HUHTALA'AND ELIZABETH W HUHTALA,
Person(s) Acknowledging
In WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission expires:
-
WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Page 12 of 12
Form 3051 (01/01)
1 - 4 FAMILY RIDER
(Assignments of Rents)
LOAN NO. 5881122-/
THIS 1-4 FAMILY RIDER is made this 8TH day of JUNE, 2004 , and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed
(the "Security Instrument") of thc same date given by the undersigned (the "Borrower") to secure Borrower's Note
to
FIRST NATIONAL BANK - WEST (AFTON BRANCH)
A NATIONAL BANKING ASSOC (the "Lender") of the same
date and covering the Property described in the Security Instrument and located at:
11~. BRAMBLEBERRY DRIVE
THJ¥~fNE, WY 83127
[Property Address]
1-4 FAMILY COVENANTAL In addition to the covenants and agreements made in the Security Instrument,
Borrower and Lender further coveaant and agree as follows:
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the
Property described in Security Instrument, the following items now or hereafter attached to the Property to the
extent they are fixtures are added '.o the Property description, and shall also constitute the Property covered by the
Security Instrument: building materials, appliauces and goods of every nature whatsoever now or here:,fter located
in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the
purposes of supplying or distribh;ing heating, cooling, electricity, gas, water, air and light, fire prevention and
extinguishing apparatus, security, md access control apparatus, plumbing, bath tubs, water heaters, water closets,
sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm
doors, screens, blinds, shades, curtains aud curtain rods, attached nfirrors, cabinets, paneling and attached floor
coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of
the Property covered by the Security Instrument. All of the foregoing together with the Property described in the
Security Instrument (or leaseholl estate if the Security Instrument is on a leasehold) are referred to in this 1-4
Family Rider and the Security In'¢lrument as the "Property."
B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a
change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change.
Borrower shall comply with ali laws, ordinances, regulations and requirements of any governmental body
applicable to the Property. -
C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior
to the Security Instrument to be [,effected against the Property without Lender's prior written permission.
MULTISTATE 1-4 FAMILY RIP, ER Siagle Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
FNMA3170 (10/00) ~ Page 1 of 3 FORM 3170 1/01
D. RENT LOSS INSURAN[.2E. Borrower shall maintain insurance against rent loss in addition to the other
hazards for which insurance is req~fired by Section 5.
E. "BORROWER'S RIGH'~ TO REINSTATE" DELETED. Section 19 is deleted.
F. BORROWER'S OCCU~i?ANCY. Unless Lender and Borrower otherwise agree in writing, Section 6
concerning Borrower's occupanc3~ of the Property is deleted.
G. ASSIGNMENT OF LE,~,SES. Upon Lender's request after default, Borrower shall assign to Lender all
leases of the Property and all ~,ecurity deposits made in connection with leases of the Property. Upon the
assignment, Lender shall have th: right to modify, extend or terminate the existing leases and to execute new
leases, in Lender's sole discretio:. As used in this paragraph G, the word "lease" shall mean "sublease" if the
Security Instrument is on a leaseh'~ld.
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION.
Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of
the Property, regardless of to u'~om the Rents of the Property are payable. Borrower authorizes Lender or
Lender's agents to collect the Rettts, and agrees that each tenant of the Property shall pay the Rents to Lender or
Lender's agents. However, Borrower shall receive Rents until (i) Lender has given Borrower notice of default
pursuant to Section 22 of the Sect,rity Instrument and (ii) Lender has given notice to the tenant(s) that the Rents
are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not
an assignment for'additional seem", ty only.
If Lender gives notice of defa'.~lt to Borrower: (i) all Rents received by Borrower shall be held by Borrower as
trustee for the benefit of Lender ~only, to be applied to the su~ns secured by the Security Instrument; (ii) Lender
shall be entitled to collect and fcc)ire all of the Rents of the Property; (iii) Borrower agrees that each tenant of the
Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the
tenant; (iv) unless applicable law. provides otherwise, all Rents collected by Lender or Lender's agents shall be
applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but
not limited to, attorney's fees, .:ceiver s fees, premiums on receiver's bonds, repair and maintenance costs,
insurance premiums, taxes, asses;ments and other charges on the Property, and then to the sums secured by the
Security Instrument; (v) Lender, Cender's agents or any judicially appointed receiver shall be liable to account for
only those Rents actually receb,¢d; and (vi) Lender shall be entitled to have a receiver appointed to take
possession of and manage the Property and collect Rents and profits derived from the Property without any
showing as to the inadequacy of t.ae Property as security.
If the Rents of the Property ar( not sufficient to cover the costs of taking control of and managing the Property
and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of
Borrower to Lender secured by th,e Security Instrument pursuant to Section 9.
Borrower represents and war[ants that Borrower has not executed any prior assignment of the Rents and has
not performed, and will not per:6rm, any act that would prevent Lender from exercising its rights under this
paragraph.
Lender, or Lender's agents o~' a judicially appointed receiver, shall not be required to enter upon, take control
of or maintain the Property befot{': or after giving notice of default to Borrower. However, Lender, or Lender's
agents or a judicially appointed r,~ceiver, may do so at any time when a default occurs. Any application of Rents
shall not cure or waive any delay:"!',? or invalidate any other right or remedy of Lender. This assignment of Rents
of the Property shall terminate wl~.en all the sums secured by the Security Instrument are paid in full.
I. CROSS-DEFAULT PRovISION. Borrower's default or breach under any note or agreement in which
Lender has an interest shall be a t-,~'each under the Security Instrument and Lender may invoke any of the remedies
permitted by the Security Instrnmg-nt.
MULTISTATE 1-4 F3dVIILY RIDER Single Fa~nily Faanie Mae/Freddie Mac UN[FORM INSTRUMENT
FNMA3170 (10/00) Page 2 of 3 FORM 3170 1/01
BY SIGNING BELOW, Borrow:r accepts and agrees to the terms and covenants contained in this 1-4 Family
Rider.
STEVE K HUHTALA
-Borrower -Bo rower
ELIZABETH W HUHTALA
(Seal) (Seal)
-Borrower -Borrower
[Sign Original Ottly]
MULTISTATE 1-4 FAMrlLY RII' ER
FNMA3170 (10/00)
Single Falnily Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Page 3 of 3 FORM 3170 1/01