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HomeMy WebLinkAbout9004951 Return To: M&T Mortgage Corporation 2270 Erin Court Lancaster. PA 17601 Prepared By: Cynthia Meixel 2270 Erin Court, P.O. 7628 Lancaster, PA 17604 Box [Space Above Tiffs Line For Recording Data] MORTGAGE IVllN 100050300001952820 OPEN END MORTGAGE/DEED OF TRUST - THIS MORTGAGE/DEED OF TRUST - SECURES FUTURE ADVANCES DEFINITIONS Words used in multiple sectims of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" me,'ms this document, which is dated J u ne 25, 2004 together with all Riders to this document. (B) "Borrower" is Wi l 1 i am' Kel ley, Jean Kel ley, Husband and ldtfe co 2,/< (;r/<_ Borrower is the mortgagor under this Security Instrument (C) "HERS" is Mortgage Electronic Registration Systems, Inc. HERS is a separate corporation that is acting solely as a nominee fc-t Lender and Lender's successors and assigns. HERS is the mortgagee under this Security lnstrume rt, HERS is organized and existing under the laws of Delaware, and has an address and telephone number :)f P.O. Box 2026, Flint, M1 48501-2026, tel. (888) 679-HERS. 10345882 WYOMiNG-Single Family-Fannie ~lae/Freddie Mac UNIFORM INSTRUMENT WITH HERS (~}®-6A(WYI 10345882 Form 3051 1/01 (D) "Lender" is M&T Mortg'age Corporation Lenderis a Corporation i orgmfized and existing under the laws of New York Lender's address is 1 M&I '!laza, Buffalo, NY 14203 (E) "Note" means the promis, sory note signed by Borrower mid dated 3une 25, 2004 The Note states tbat Borrowe'i' owes Lender Three Hundred Thousand And Zero/100 Dollars (U.S. $ 300,000.00 ' I ) plus interest. Borrower bas promised to pay this debt in regular Periodic Payments and to pay the debt.in full not later than 3une 01, 2035 (F) "Property" means the p-operty that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt i;videnced by the Note, plus interest, any prepaylnent charges and late charges due under the Note, and all sams due under this Security lnstrun~ent, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The folloWing Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider ~_~ Condominium Rider [~ Second Home Rider Balloon Rider t_---~ Planned Unit Development Rider [~ 1-4 Family Rider VA Rider ~ Biweekly Pay~nent Rider [~ Other(s) [specifyl (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulatious, ordinances mid adnfinistrativ:~. rules and orders (that have thc cfi'oct of law) as well as all applicable final, non-appealable judicial opini ~ns. (J) "Community Association Dues, Fees, and Assess~nents" means ail dues, fees, assessments and other charges that are imposed cn Borrower or the Property by a coudominium association, homeowners association or similar organization. (K) "Electronic Funds Trsnsfer" means any transfer of furtds, other than a transaction originated by check, draft, or similar paFer instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetiC tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such ~'erm includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, senlcment, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under tl~e coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnatiou or other taking of all or any part of the Property; (iii) conveyance in lieu of conderm~ation; or (iv) misrepresentations of, or onfissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" '~3eans insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) !'Periodic Payment" meres the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts t:.n:'der Section 3 of this Security Instrument. 0~) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its i~nplementing regulation, Re'gulation X (24 C.F.R. Part 3500), as they might be amended froin time to time, or any additional or su:cessor legislation or regulation that goverus the stone subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that arc imposed in regard to a "federally related mortg:age loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. 10345882 I~6AIW¥) Iooo~Lo2 Page 2 of 15 10345882 Form 3051 1/01 (Q) "Successor in Interest ot.:Borrower" means any p,'my that has taken title to the Property, whether or not that party bas assumed Bo'Tower's obligations under the Note and/or this Security Instrument. TRANSFER 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; ~nd (ii) the perform~ce of Borrower's covenants and agreements under this Security Instrument and the. Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nomine.~, for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale. the following described property located in the Couf ty of Li ncol n : [Type of Record,rig Jurisdiclion] lName of Recording Jurisdictiont see attached le§al desciption ParcellD Number: 34180843014500 250 Bluebird Lane Thayne ("Property Address"): which currently bas the address of [City] , Wyoming 83127 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, ami fixtures now or hereafter a part of the property. All replacemeuts and additions shall also be coverzd by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "p.operty." Borrower understands and agrees that MERS holds only legal title to the interests granted by Bc.:rower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee f:~r Lender and Lender's successors and assigns) has the right: to e?{ercise any or all of those interests, including, but not linfited to, the right to lbreclose trod sell the Property; and to take any action required of 2ender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant 'hud convey the Property and that the Property is unencumbered, except tbr encumbrances Of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject tSi any encumbran~/zes of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variatiq, ns by jurisdiction to constitute a Uniform security instrument covering real property. 10345882 (~,~-6AlWY} looos).o2 Page 3 ol 15 10345882 Form 3051 1/01 UNIFORM COVENANTS. Borrower and Lender covenant and agree as folloWs: 1. Payment of Princi[ml, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when du.; the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late 'zlharges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Paym,.'fits due under the Note and this Security Instrument shall be made in U.S. currency. However, if any chel:k or other instrument received by Leuder as payment Under the Note or this Security Instrument is returm'.d tO Lender unpaid, Lender may require that any or all subsequent payments due under the Note and thi'.: Security Instrument be made in one or more of the following forms, as selected by Lender: (a) casli;i (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided anT,such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality?, or entity; or (d) Electronic Fnnds Transfer. Payments are deemed rt ceived by Lender when received at the location designated in the Note or at such other location as may be Oesignated by Lender in accordance with the notice prox(isions in Section 15. Lender may return any payn e',lt Or partial payment if the pay,neut or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficiem to bring the Loan current, without waiver of ary rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Fender is not obligated to apply sncb payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds, l.ender may hold such unapplied funds until Borrower'makes payment to bring the Loan current. If Borrower does not do so within a reasonable 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 immediately prior to foreclosure. No offset or claim which Borrower nfight have now or in the furore against Lender shall relieve Borrower from making payments due tinder the Note and this Security In.'~trument or performing the covenants and agreements secured by this Security Instrument. 2. Application of paXments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order ot' priority: (a) interest due under the Note; (b) prin'cipal due under the Note; (c) alnonnts due under Section 3. Such payments shall be applied to each Peri'odic Payment in the order in which it became due. Any remaining amounts shall be applied first to late:charges, second to any other an~ounts due under this Security Instrument, and then to reduce the principal b:dance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient mnount to pay any late charge due, fl~e payment may be applied to the delinquent payment and the late charge. If morethan ,me Periodic Payment is outstanding, Lender may apply any payment received /Yom Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that! any excess exists after the payment is applied to the full payment of one or more Periodic Payments, suc'a excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepay:'ri.ent charges and then as described in the Note. Any application of payr3mts, insurance proceeds, or Miscelhmeous Proceeds to principal due under the Note shall not extend or l:Ostpone the clue date, or change the ,'nnount, of the Periodic Paymeuts. 3. Ftmds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of an~ounts due /'or: (a) taxes and assessment;g m~d other items which can attain priority over this Security lnstnnnent as a lien or encumbrance on the l'mperty; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all i~surance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or' any S'a:ns payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in acco.:dance with the provisions of Section 10. These items arc called "Escrow Items." At origination or at ahy time during the term of the Loan, Lender may require that Community ~Association Dues, Fees, and ~Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrcw Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Bc:rrower shall pay Lender the Funds /hr Escrow Items unless Lender waives Borrower's obligation to pa~': the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of Su~:l~ waiver, Borrower shall pay directly, when and where payable, the amounts 10345882 (~-6A(WY) 1ooo5}.o2 Pa~e 4 ol 15 10345882 due for any Escrow Items for :which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments mid to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covbnant and agreement" is used in Section 9. If Bom)wer is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay tile am~.unt due for an Escrow Item, Lender may exercise its rights under Section 9 mid pay such mnonnt and Bo:rower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke idle waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 aad, upon such revocation, Borrower shall pay to Lender all Funds, and in such mnounts, that are then required 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 tile time specified under RESPA, and (b) not to exceed the ~naximum amount a lender can require under RESPA. Lendt'r shall estimate the amount of Funds due on the basis of current data and reasonable estimates of exper:ditures of futm'e Escrow Items or otherwise in accordance with Applicable Law. ' The Funds shall be h':;ld in an institution whose deposits are insured by a federal agency,. instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank,.. Lender shall apply the Funds to pay the Escrow Items no later than tl~e time specified under RESPA. LetuP, er shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account? or verifying the Escrow hems, unless Lender pays Borrower interest on the Funds and Applicable Law pe:,:mits Lender to inake such a charge. Unless an agreement is made in writing or Applicable Law requires irierest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on tie Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the. Funds. 1.ender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a snrplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess fund~ in accordance with RESPA. If there is a shortage 'of Funds held in escrow, as defined under RESPA, Lerder shall notify Borrower as required by RESPA, and Borrower shall pay 1o Lender the amount necessary' ,o make up the shortage ill accordance with RESPA, but in no more than 12 monthly payments. If there is. a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required l y RESPA, and Borrower shall pay to Lender the mnount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full 05 all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Bcrrower shall, pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Con'nnunity Association Dues, Fees, and Assessments, it' arty. To the extent that these items are Escrow Items, Borrower shall pay them in the rammer provided in Section 3. Borrower shall promptly, discharge any lien which has lmonty 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 a~: Borrower is performing such agreement; (b) contests the lien in good faith by, or defends agatnst enforc,:.ment of tile lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures 'rom the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security lnst~ment. If Lender determines that any part of the Property is subject to a lien which can attain priority over:this Security Instrument, Lender may give Borrower a nonce identifying the 10345882 I~-6A(W¥1 ~ooos~.o2 Page 5 o~ 15 10345882 ~O,",,,~ Form 3051 1101 lien. Within 10 days of the d~ te on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth ?:,ove in this Section 4. Lender may require Borrower to pay a one-time charge tbr a real estate tax verification and/or reporting service used by Lmld'er in connection with this Loan. 5. Property hrsurance: ;~orrowcr shall keep the improvements now existing or hereafter erected on the Property insured against !ess by fire, hazards included within the term "extended coverage," and any other hazards including, but 'aot limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be mait~tained in file amounts (including deductible levels) and for the periods that Lender requires. What Lende. r requires pursuant to the preceding sentences can cliange during the term of the Loan. The insurance career providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrowct's choice, which right shall not be exercised unreasonably Lender may reqmre Borrower to pay, in connection witb this Lomb, either: (a) a one-dine charge for flood zone determination, certification and tracking services; or (b) a one-time charge ~br flood zone determination and certification services ant' subsequent charges each time remappings or similar changes occur which reasonably might affect sucl- determination or certification. Borrower shall also be responsible for the payment of any fees imposec! by the Federal Emergency Management Agency in connecuon with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to mvintatn any of the coverages described above, Lender may obtain insurance coverage, at Lender's optim~ 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 might or might not protect Borrower, BorroWer's equity in the Property, or d~e contents of the Property, against any risk, hazard or liability and migh~ provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost c f the insurance coverage so obtained might significantly exceed the cost of insurance tha~ Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Bm'cower secured by this Security Instrument. These anmnnts shall bear interest at the Note rate from the dat~..of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such poiicies, 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 m~d renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premimns and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by I.ender, tbr damage to, or destructiol~ of, the Property, such policy shall ioclude a standard mortgage clause and shall name Lender as mortga~;ee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to thc 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, whether or not the underlying insurance was required by Lender, shall be applied to restoration or r~pair 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 insurance proceed,~ until Lender has had m~ opportunity ~o inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoranon in a single payment or in a series of progress payments as the ~;'ork is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid o:x 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 oul of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is net econolnically feasible or Lender's security would be lessened, the insurance proceeds Shall be applied to Ire sums secured by this Security htstrument, whether or not then due, with 10345882 (~-6A(WY) (ooos).o2 Page 6 of 15 10345882 Form 3051 1101 the e×cess, if any, Paid to Bo,'rower. Such insurance proceeds shall be applied in Section 2.. , If Borrower abandons t:.~ Erop~r[y, ~ader may fil~, ne~odate a~d s~[[l'e any available insurance claim ~d related matters. If ::lorrower does not respond within 30 days to a notice 'from Lender that the insur~ce carrier bas offered'i:6 settle a clai~n, then Lender may negotiate and settle the claim. The 30-day period will begin when the aotice is given. In either event, 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 ~ amount not to':,exceed the ~]ounts unpaid under the Note or this Security Instrument, ~d (b) any other of Borrower's !rights (other th~ the right to m~y re,nd of unearned pre~niums paid by Borrower) under all insur~ct': policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Len;~ler may use the insur~ce proceeds either to repair or restore the Property or to pay mounts unpaid under ~he Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, m~d use thc Property as Borrower's principal residence within 60 days after) the esecution of this Security Instrument and shall continue to occupy the Property as Borrower's princi~)al residence for at least one year after the date of occup~cy, unless Lender otherwise agrees in writing,..- which consent sh~l not be unreasonably withheld, or unless extenuating circu~tances exist wlfich are beyond Borrower's control. 7. Preservation, M'aint~mance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair "'he Property, allow the Property to deteriorate or commit waste on the Property. Wbetl~er or not Bo}~rower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property.: from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Secti~n 5 that repair or restoration is not economically feasible, Borrower shall promptly repair 'the ProperL' if damaged to avoid hrther deterioration or d~age. If insurance or conde~ation proceeds are pJd in connection witb d~mge to, or the taking of, the Property, Borrower shall be responsible for repaiqng or restoring the Property only if Lender has released proceeds for s'ucb pu~oses. Lender inay disburse proceeds for the repairs ~d restoration in a single payment or in a series of progress payments as the wor~ is completed. If tbe insurance or conde~ation proceeds are not sufficient to repair or restore the prOperty, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent ma~ m~e reasonable entries upon and inspections of the Property. If it bas reasonable cause, Lender ma5 inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time o~' or prior to such ~ interior inspection speci~ing such reasonable cause. 8. Borrower's Loan ApplicatiOn. Borrower shall be in del3ult if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or witli Borrower's ~owledge or consent gave n~aterially false, misleading, or inaccurate in/brmation or statements to Lender (or failed to provide Lender with material intbrmation) in co~ection with the Loan. Material representations include, but ;::re not linfited to, representations conceroing Borrower's occupancy of the Property as Borrower's princiOal residence. '9. Protection of Lende~ ~s Interest in the Property and Rights Under this Security Instrmnent. if (a) Borrower fails to perfm~ ::he covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that miI::ht signific~tly aft~ct Lender's interest in the Property and/or rigbts nnder this Security Instrument (sucl;:'as a proceeding in b~kruptcy, probate, for conde~ation or forfeiture, 'enforcement of a lien which.; may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has ab~doned the Prope~y, then Lender may do ~d pay for whatever is reasonable or appropriate to:protect Lender's interest in the Property m~d rights under this Security Instrument, including protecti~ig and/or assessing the value of the Property, and securing and/or repairing the Property Lender's actions c~ include, but are not limited to: (a) paying any sums secured by a lien which has priority over thi~,:~ Security Instrument; (b) appearing in court; ~d (c) paying reasonable 10345882 ~i,~-6A{WY) tooo~i}.o2 Page 7 of 15 10345882 Form 30,51 1/01 ,. ,883 attorneys' fees to protect its i ~:erest in the Property and/or rights under this Security Instrument, including its secured position in a barkruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make. 'repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building: or other code violations or dangerous conditions, and bare utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation.:tb do so. It is agreed that Lender recurs no liability for not taking any or all actions authorized under this g¢ction 9. Any amounts disbursed fly Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These anrounts shall bear interest at the Note rate from the date of disbursement and shall be pa'gable, with such interest, upon notice from Lender to Borrower requesting payment. 11' this Security Instrume~t'is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires f&.~ title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger ia writing. 10. Mortgage lnsurance~. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiflins required to maintain the Mortgage !nsurance'in effect. If, for any reason, the Mortgage Insurance covet age required by Lender ceases to be available from the mortgage insurer that previously provided such ins'u~rance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insuranpe, Borrower shall pay the premiums required to obtain coverage substm~tially equivh,l.ent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Bc:rrower~ of the Mortgage Insurance previously in eft'cci, from an alternate mortgage insurer selected b~ Lender. If substantially equivalent Mortgage insurance coverage is not available, Borrower shall c°n'tinue to pay to Lender the mnount of the separately designated payments that were due when the insurance,coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundab,e loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstand!ng the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage 'Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selet,:ted by Lender again becomes available, is obtained, and Lender requires separately designated paymems toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of i~:aking the Loan and Borrower was required to make separately designated payments toward the premiffms for Mortgage insurance, Borrower shall pay the premimns required to maintain Mortgage Insurance' in effect, or to provide a non-refundable loss reserve, until Leuder's requirement for Mortgage lns:urance ends in accordance with any written agreement between Borrower and Lender providing for such tmmination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's' t'~bligation to pay interest at the rate provided in the Note. Mortgage Insurance reim.burses Lender (or any entity that purchases the Note) for certain losses 'it may incur if Borrower does not repay the Loan as ag?ced. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evalt~ate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreemeuts are on terms and conditions t.~at are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. Tbese agre.~ments may require the mortgage insurer to make payments using rely source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of tbese agr,~ements, Lender, any purchaser of the Note, another iusurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) mnounts that derive from (or might be characterized as) a portion of Borrower's payments tbr Mortgage Insurance, in exchange for sharing or ~no,'lifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an hffiliate of. [.ender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any :other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage lnsurance~ and they will not entitle Borrower to any refund. 10345882 10345882 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance Under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to. ~'eceive certain disclosures, to request and obtaiu cancellation of the Mortgage Insurance, to hake the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage ln,.~,trance premiunm that were unearned at the time of such caucellation or termination. 11. Assignment of Mi}cellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid ¢:) Lender. 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 restor :lion period, Lender shall have thc right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provide..l that'such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreem.mt is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Len~ler shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If thr restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneot s Proceeds shall be applied to the sums secured by riffs Security Instrument, whether or not then due, will: the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided ii~r in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to ~ae sums secured by this Security lnstrmnent, whether or not then due, with the excess, if any, paid to Bm :ower. In the event of a partial ,aking, destruction, or loss in value of the Property in which the fair market value of the Property imanediately before the partial taking, destruction, or loss in value is equal to or greater than the an~ount of tile sums secured by this Security Instrument innnediately before the partial taking, destruction, or loss' itt value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the mnount of the Miscellaneous Proceeds multiplied by the following !'faction: (a) the total amount of the sums secured innnediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partia! taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial.~aking, destruction, or loss in value of the Property in which the lair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured :i. lnmediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherw ;e agree in writing, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrument whether or not the sums are then due. If the Property is abm~aoned by Borrower, or if, al:let notice by Lender to Borrower that the Opposing Party (as defined i.~ the next seutence) offers to make an award to settle a claim for damages, Borrower fails to respond to .ender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscella: eous Proceeds or the party against whom Borrower has a right of action m regard to Miscellaneous Proceeds. Borrower shall be in del'null if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, 'in Lender's judgment, precludes forfeiture of the Property or other material impmrment of Lender's interkst in the Property or rights under this Security Instrument. The proceeds of any award or claim tbr damal,es that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall ,be paid to Lender. All Miscellaneous Pr0c'~eds that are not applied to restoration or repair of the Property shall be applied in the order provided t'or in Section 2. 10345882 ~,,~:~_~/k' 10345882 (~-6AIW¥) iooos~.oa ..o. s o, ,s ~t..j--t/~ Fora, 3051 1/01 835 12. Borrower Not Rel,esed; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of m;~0rtization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor. in Interest of Borrower shall not operate to release tile liability of Borrower or any Successors in Interest ~)i~' Borrower. Lender shall not be required to conm~ence proceedings against any Successor in Interest of 3orrower or to refuse to extend time for paymknt or otherwise modify amortization of the sums secu :ed by this Security Instrument by reason of any demand made by the original Borrower or any Successors i:.iinterest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without lin'fitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borro~ver or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any r;ght or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's ok~igations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrmnent but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in tile Property under the terms of this Security lnstrun~ent; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations v, ith regard to the terms of this Security Instrument or tile Note without the co-signer's consent. Subject to the provisic, as of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, mid is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and lihbility under this Security Instrument unless kender agrees to such release in writing. The covenants and ~agreelnents of this Security Instrument shall bind (except as provided in Section 20) and benefit the sux:essors and assigns of Lender. 14. Loan Charges. Leqfler may charge Borrower t~es for services performed ill connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including but not limited to, attorneys' lees, property inspection and valuation fees. Itl regard to any other fees, the absence of express authority in this Security Instrunlent to charge a specific fee to Borrower shall not be c6nstrued as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to alaw 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 tile Loan exceed the permitted limits, then: (a) ary, such loan charge shall be reduced by tile 'amount necessary to reduce the charge to the pemfitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to BmrOwer.. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whetber or not a prepayment charge is providrd for under the,Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower nfight have arising otit of such overcharge. 15. Notices. All notices given by Borrower or Lender in counection with this Secmity Instrument must be in writing. Any notice:to BorroWer in connection with this Secmity Instrument shall be deemed to have been given to Borrower when mailed by first class mail or wben 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 designated a substitute notice address by notice to Lender. Borrower shall promptly notifY Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borr.~wer shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in comlection with this Security: Instrmnent shall not be deemed to have been given to Lender until actually received by Lender. If any nr)tice required by this Security hlstmment is also required under Applicable Law, the Applicable Law r.squirement will satisfy the correspouding requirement uuder this Security Instrument. 10345882 10345882 ·836 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and.;.he law of the jurisdiction in which the Property is located. All rights mid obligations contained in this~ Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable [.hW might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such sile;ice shall not be construed as a prohibition against agreement by contract. In the event that any provision pr clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not yfect other provisions of this Security Instrument or the Note which can be given effect without the conflic:ting provision. As used in this Securif~' Instrument: (a) words of the inasculine gender sball mean and include corresponding neuter words ;}~' words of the feminine gender; (b) words in the singular shall mean and include the plural and vice vt¢~sa; and (c) the word "may" gives sole discretion without ,'my obligation to take any action. , 17. Borrower's Copy. Bbrrower shall be given one copy of the Note m~d of this Security Instrulnent. 18. Transfer of the Pr:iperty or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is tl~e transfer of title by Borrower at a future date to a purchaser. If all or any part of the ?¢roperty or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a Beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all stuns secm'ed by this Security Instrument. However, this option sball not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises thisloption, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less b~an 30 days from 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 tails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrulnent without fivnther notice or demand on Borrower. ' 19. Borrower's Right ~;o Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the righ¢ to have enforcetnent of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security lnstrumeut; (b)i:i;uch other period as Applicable Law might specify for the termination of Borrower's right to reinstati.; or (c) entry of a judgment enforcing this Security Instrumeut. Those conditions are that Borrowe~: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees. property inspection and valuation fees, and other fees incurred lot' the purpose of protecting Lenderts interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Ins'rument, and Borrower's obligation to pay the sums seem'ed by this Security Instrmnent, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of ';he following forlns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upou an institution whose deposits'~,re insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of accelerati*~n under Section 18. 20. Sale of Note; Change et' Loan Servicer; Notice or Grievance. The Note or a partial interest m the Note (together with this ~pcurity Instrument) can be sold one or more times without prior notice to Borrower A sale might rest'It in a change in the entity {knowu as the "Loan Servicer") that collects Periodic Payments due uudei':the Note and this Security Instru~nent and performs olher mortgage loan servicing obligations under Il?: Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Lean Servicer unrelated to a sale of the Note. If there is a change oi' the Loan Servicer, Borrower will be gi ~.~.n written notice of the change which will state the name and address of the new Loan Servicer, the addr'~}s to which payments should be made and any other information RESPA 10345882 10345882 (~-6A(WY) 100051.02 Page ~ et 'm ~t..~-,/~_~_ Form 3051 1/01 requires'in com~ection with vl notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer b[her than the purchaser of the Note, the mortgage loan' servicing obligations to Borrower will remain witL ihe Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note pUrchas¢~ unless otherwise provided by the Note purchaser. Neitber Borrower nor Ldnder may commence, join, or be joined to any judicial action (as either an individual litigant or the med~ber of a class) that arises l'rom the other party's actions pursuant to this Security Instrument or that ail(iges that the other party has breached any provision of, or any duty owed by reason of, this Security Instr.~ment, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of Such alleged breach and afforded the other party hereto a reasorable period after the giving of such notice to take corrective action. If Applicable Law provides a qine period which must elapse before certain action can be taken that time period will be deemed to b9 :reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given ti~ .Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section. :'18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Sect'on 20.' 21. Hazardous Suhstances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic elf hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoli:~, kerosene, other flanunable or toxic petrolemn products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" m~ans federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or er-v'ironmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or r~.moval action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condit;on that can cause, contribnte to, or otherwise trigger an Environmental Cleanup. : : Borrower shall not cau'.,"e' or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do j: ,:nything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to' the presence, use, or release of a Hazardous Substance, create,; a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that ~re .generally recognized to be appropriate to normal residential uses and to maintenance of the Property (ihcluding, but not li~nited to, hazardous Substances in consumer products). BOrrower shall promptly:give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govef2~mental or regulatory agency or private party involving the Property and any Hazardous Substance or [:n~,ironmental Law of which Borrower has actual knowledge, (b) 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 caused by the presence, use or release of a Hazardous Substance which '?.!versely 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 '~f!'ecting the Property is necessary, Borrower shall promptly take all necessary remedial actions h~ accOrd,'u~.c} with Enviromnental Law. Nothing herein shall create any obligation on Lender for an Enviromnental (~ileanup. 10345882 (~-6AIWY} Iooo~.o2 Paoe 12 of 15 10345882 Form 3051 1/01 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 covenant or agreement in this Security Instrument (but not prior to acceleration Under Section llt unless Applicable Law provides olberwise). The notice shall specify: (a) the default; (b) the action rcqtnred to cure the default; (c) a date, not less than 30 {lays from the date the notice is given to Borro'&er, by which the default must be cured; and (d) lhat failure to cure the default on or before the date specified in the notice nmy result in acceleration of the sums secured by this Security lnstrmnent and sale of the Property. The notice shall further inform Borrower of the right to reinstate after accekration and the right to bring a court action to assert the non-existence of a default or any other defer, se of Borrower to acceleration aud sale. If the default is not cured on or before the date specified in t ae notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may iuvoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees ar;d costs of title evidence. If Lender invokes the l:ower of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of ',.'he sale to Borrower in the mauner provided in Section 15. Leuder shall publish the notice of sale, md the Property shall be sold iu the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following ri'der: (a) to all expenses of the sale, incloding, but not linfited to, reasonable attorneys' fees; (1)) to all sums secured by this Secm'ity Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon pay~;~ent of all sums secured by tiffs Security Instrument, Lender shall release this Security Instrument. Borrow:r shall pay any recordation costs. Lender may charge Borrower a fee releasing this Security Instrunent, bul only if the fee is paid to a third party lbr services rendered and the chm'ging of the fee is permittc'l under Applicable Law. 24. Waivers. Borrowe: releases and watves all rights under and by virtue of the homestead exemption laws of Wyoming. 10345882 10345882 (~-6A{WY) 100051.02 Page ~:] ol ~5 {4~.,/r-/L Form 3051 1101 BY SIGNING BELOW Borrower accepts and agrees to tile terms and covenants contained in this Security Instrumem and in any Rider executed by Borrower mid recorded with it. Witnesses: Wi 11 i am Kel l ey y -Borrower (Seal) -Borrower ~e a n Ke~'~l e(~ ~ By: By William Kelley his (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 10345882 (~6AlW¥I ~ooos~.o2 Page 14 of 15 10345882 Form 3051 1/01 STATE OF WYOMING, ki ncol n The foregoing instrument' was acknowledged betbre me this 3 u n e 2 5, 2 0 0 4 by Wi ] ] i am Kel q ey and 3can Kel ]ey, by her attorney-in-fact Connty ss: William Kelley My Commission Expires: F,::bruary 2, 2006 ~HI~LEY SNiDN. L - NOD;1Y PUSLICq Notary Public q/ 10345882 (~<~-6A(WY} iooo~Lo2 Page 15 of 15 Initials: 10345882 Form 3051 1101 SECOND HOME RIDER THIS SECOND HOME RIDER is made this 25th day of ,June, 2004 a~d is incorporated into m~d shall be deemed to anend ,and supple~nent the Mortgage,-Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower" whether there are one or more persons undersigned) to secure Bon'ower's Note to M&T Mortgage Corpora';ion (the "Lender") of the sane cate and covering the Property described in the Security Instrumen! (the "Property"), which is located at: 2S0 Bluebird Lane. Thayne. WY 83127 [Property Address] In addition to the covenants and agreements made in the Security lnstrmnent, Borrower and Lender fi~rther covenant and agree tha Sections 6 and 8 of the Secmity Instrument are deleted and are replaced by the following: 6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower's second home Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all times, aid shall no', subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person any control over the occupancy or use of the Property. 8. Borrower's Loan A)plication. Borrower shall be in defi~ult if, during the Loan application process, Borrower or .my persons or entities acting at the direcnon of Borrower or wah Borrower's hmwledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (o: 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 the Property as Borrower's second home. 10345882 MULTISTATE SECOND HOME R'.DER - Single Family - Fannie Mae!Freddie Mac UNIFOPM INSTRUMENT Page I of 2 ~-365R (0011) VMP MORTGAGE FORMS -(8001521-7291 10345882 Form 3890 1101 Initials :_~_ BY SIGNING BELOW, Borrower accepts and agrees to the terms m~d provisions contained in this Second Home Rider. Will iam Kelley -Borrower e - Borrower By: By William Kelley his a~t t or, ngy~/j n fact (Seal) - Borrower (Seal) - Bon'ower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower 10345882 (~<~365R {001 Page 2 o! 2 10345882 Form 3890 1/01 LEGAL DESCRIPTION Parcel 1 Lot 4 of Sage Hen Ranches 2nd Filing, Lincoln County, Wyoming as described on the official plat filed November 5, 2003 as Instrument No. 895032 of the records of the Lincoln County Clerk. Parcel 2 The right of access as provMed for in instrument recorded July 20, 1982 in Book 189PR on page 429 of the records of the I_incoln County Clerk.