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HomeMy WebLinkAbout900853Recording requested by: :} Wells Fargo Bank, N.A. when recorded return to: Wells Fargo Bank, N.A. P. O. BOX 31557 BILLINGS, MT 5910-/ 'DOCUMENT MANAGEMENT BOO~ 3 RECEIVED L t t',.. C O! t.] ¢ 0 J f4 T Y C L E R K State of Wyonthtg , . . Space Above This l,ine For Recording Data REFERENCE ,4: 2004153?400210 ACCOUNT ii/: 0054-054-8-/10000-1998 MORTGAGE (With Furore Advauce Chmse) DATE AND PARTIES. The date 6fthis Mortgage ("Security Instnuneut") is 08 / 18 / 2004 and the parties, their addresses and tax identification nnmbers, if required, are as follows: MORTGAGOR: ALAN W. LAMPE AND SHARON O LAMPE AND THEIR SUCCESSORS, TRUSTEES, FOR THE USES AND;PURPOSES SET FORTH IN THE ALAN W. AND G. LAMPE FAMILY TRUST OATED THE -/TH DAY OF DECEMBER, 1999 SHARON [] if checked, refer to the attached Addendum incorporated herein, (or additional Mortgagors their signatures and acknowledgments. LENDER:Wells Fargo Bank, N.A. P. 0. BOX 3155-/ BI ELINOS, MT 5910-/ CONVEYANCE, For good and valaable consideration, tim receipt and sufficiency of which is acknowledged, and 1o s~cure the Secured Debt (defined below) and Mortgagor's performance under this Security Instruntent, Mortgagor grants, bargains, conveys, mortgages and warrants to Lender, with power of sale, the followiug described property: THAT PART OF THE NW 1/4 OF SECTION 6, TB1N, RllBW, LINCOLN COUNTY, WYOMING, IT BEING THE INTENT TO MOP, E CORRECTLY DESCRIBE THAT TRACT OF RECORD IN THE OFFICE OF THE CLERK OF LINC!)LN COUNTY IN BOOK 1~9 OF PHOTOSTATIC RECORDS, ON PAGE 3-/0, AS MORE PART;CULARLY DESCRIBED ON EXHIBIT A ATTACHED, BEING A LEGAL DESCRIPT ON PREPARED By MARLOWE A. SCHERBEL DATED AUGUST 25, 1995. The property is located in L I NCOLN ' at: 520 VALLEY VIEW DR AFTON, and parcel number of 3118-062-'-00-154-00 together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and waler stock and all existing and ~ture improvements, structures, fixtures, and replacements flint may now or at any time in lhe fnlure be part of the real estate described above (all referre:l to as "Property"). 3. MAXIMUM OBLIGATION L~IT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ 150,000.00 ..This limitation 0f mnount does not include interest and other fees aud charges validly made pursuant to this Security instrument. Also, this lilnitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants coutained in rids Security Instrument. 4. SECU~D DEBT AND FUTUI~ ADVANCES. The term "Secured Debt" is defined as tbllows: EQISOA (10/2003) A. Debt incurred under the term.,' of the promissory note, revolviug line of credit, donlract, guaranty or olher evidence of debt dated 0811812004 togeSher will~ all amendmenls, exlensions, modi~calions and renewnls, aud having a maturity date of 08 / 18 / 2044 B. All future advances from Lender to Mortgagor under such evidence of debt. All fi~ture advances are secured ns if made ' on the date of this Security Instrument Nothing in lhis Securib, Agreement shall constitute a commi~menl Io make 1 additional or fi~re loans or advances which exceed the amonnl shown in Section 3. Any such commilment mils[ be agreed to in a separate writing. ' C. All sums advanced and expe:qses incu~ed by Lender fo'r insuring, prese~ing, or olhe~ise protecting the Property and its value and any other stuns advanced and expenses incurred by Lender under th~ terms of this Security Instrument. 5. PAYmeNTS. Mo~gagor agrees that ¢.11 pay~nents under the Secured Debt will be paid when due and in accordance wilh the terms of the Secured Debt and lids Sect ri~ Instrument. 6. P~OR S~CU~TY ~T~STS. With regard to any other me,gage, deed of tmsl, securi~ agreement or other lien document lhat created n prior securi~ i:aerfst or gncmnbrance on d~e Property; Mo~gagor agrees: A. To make all payments when due and 1o perfex, or comply wilh all covenants. B. ,To prompll~ deliver to Lender any notices that Mortgagor receives If om l~e holder. C. Not to allow any modification or extension of, nor to request any fim~re advances nnder any note or agr~mnm~t secured by lhe lien document wid~out Lender's prior Walden cousent. 7. CLA~S AGA~ST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other ch~ges relating to the Prope~y when doe. Lender may require Mortgagor to provide to Lender copies of all notices that such amonnts are due and the receipts evidencing Mortgager's payment. Mortgagor will defend tide to the Property against any claims that would impair the lien of the Security Instrument. Mortgagor agrees to assign to Lender, as requesied by Lender, any rights, claims or defenses Mortgagor ~my have against parties who supply labor or materials to maintain or improve the Property. 8. DUE ON SALE OR ENC'UMB~NCE. Upon sale, transfer, hypothecalion, assignment or encumbrance, whether volunla~, involuntaw, or by operation of law, of all or any part of the Prope~y or any interest therein, then at its sole option, Lender ~nay, by written notice to Mortgagor, declare all obligations secured hereby immediately due aim payable, except to the extent that snch acceleration for and in such particular circumstances where exercise of such a right by Lender is prohibited by law= 9. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and m~e all repairs flint are reasonably necess~. Mo~gagor shall not commit or allow any waste, impamnent, or deterioration of the Property. Mortgagor will keep tb,; Proper~y flee of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior wrillen consent. Mortgagor will not permit any change in any license, restrictive covenant or eas:[nent without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, ~d actions against Mortgagor, and of any loss or damage to the Property. Leuder or Lender's agents may, at Lender's option, enter the Properb, at any reasonable lime for the purpose of inspecting lhe Property. Lender shall give Mortgagor notice at the time of or before an inspection speci~ing a ieasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 10. AUTHO~TY TO PE'RFO~. If ~ortgagor fails lo perform any duty or any of the covenants contained in this Securily Instrument, Lender may, without notice, perfom~ or cause them to be performed Mortgagor appoints Lender as attorney m lhct to sigu MoNgagor's name or pay any amount necessaw for performance. Lender's right to i)erform for Mo~gagor shall not create an obligation to perform, and Lender's.fidlure to perform will not preclude Lender from exercising any of Lender's other rights under lhe law or this Security Instrument. If any constmctiou on the Property is discontinued or uot carded on in a reasonable manner, Lender may t~e, ali steps necessaw to protect Lender's security interest in Ihe Prope~y, including completion of the construction. 11. ASSIGNMENT OF LEASES AND RENTS. Mortgagor i~evocably grauts, bargains, conveys, mortgages and warrants to Lender as additional securiW all the right, title and to any and all existing or furore leases, subleases, and any other whiten or verbal agreements for the use and occupancy of any portion of the Property, iucluding any extensions, renewals, modifications or substitutions of such agreements (all rmb~ed to as "Leases") aud rents, issues and profits (all referred to as "Rents"). Mortgagor mil prmnptly provide Lender with tm: and correct copies of all existing and future Leases. Morlgagor nmy collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this SecuriW Instnunent. Mo~gagor agrees that this assignment !~ immediately effective between the parties to this Security Instrument. Mmtgagor agrees that this assignment is effective as to third parties when Lender takes affirmative action p/escribed by law, and that this assignment will reinain in effect during any redemption period nntil the Secured DeN is satisfied. Mortgagor agrees Ihat Lender ~nay t~e actual possession of lhe properiy without the necessity of commencing legal action and dmt actual possession is deemed to occur when Lender, or its agent, notifies Mortgagor of default and de~nands that any tenant pay all future Rents directly ~o Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mo~gagor's possession and will receive afiy Rents in trust for Lender and will not comtningle the Rents with any other ~nds. Any amounts collected will be applied as provided in this Security Instmmeut. Mortgagor wa~ants lhat no defimlt exists under EQ150B (10/200.~,1,,.?__~,~ the Leases or any applicable landlorWtenam law. Mortgagor also agrees Io maintain and require any tenant lo comply wilh the terms of the Leases and applicable law. 12. LEASEHOLDS; CONDeMnerS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply wilh the provisions of any lease ff this Security Insmunent is on a leasehold. If the property ~s a umt in a Condominium Project or is part of a Pla~xed Uni~ Developmenl ("P~"), Mortgagor agrees to the following: A. Obligations. Mortgagor shall perform all of Mortgager's obligations under the Constituent Documents. The "C°nstilnent Documents" are the: (i) Declaration or any other dOCUlnent which creates the Condominium Projecls or PUD and any homeowners association or equiva~.enl~entity ("Owners Associatiou"); (ii) by-laws; (iii) code of regulalions; and (iv) other equivalent docmnents. Mortgagor shall promptly pay, when due, all dues and assessments imposed pursuant lo the Constituent Documents. : B. Hazard Insurance. So lorg as the Owners Associalion maintains, with a generally accepted'insurance carrier, a "master" or "blanket" policy on the C<,udominium Project or PUD which is satisfacloD, to Lender and which provides iusntance coverage in the amounts, for the pe~ods, and agaiust the h~ards Lender requires, including fire and hazards included within fi~e term "c~ended coverage," then ~ortgagor's obligation nnder Sectioo 19 Io mainlain hazard insurance coverage ou the Property is deemed satisfied to the ext :nt that the required coverage is provided by the Owner's Association policy. Mortgagor stroll give Lender prompt notice of a~:y laPse in required hazard insurance coverage. In the event of a dislribution of hazard insurance proceeds in lieu of restoration 0r repair following a loss to Property, whetber to lhe nail or to common elements, any proceeds payable to Mortgagor a~e hereby assigned and shall be paid io Leuder for applicalion 1o Ihe stuns secured by this Security Instnunent, with any excess paid lo Mortgagor. C. Flood Insurance. Mortgagor agrees to maintain flood insurance for the life of ihe Secured Debt wldch is acceptable, as Io form, amonut and extent of coverage to Lender. D. Public Liability Insurance. Mortgagor shall lake such aclions as may be reasonable Io insure that the Owners Associatiou maintains a public liability insurance policy acceptable in form, aiuount, nnd extent of coverage to Lender. E, Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable lo Mortgagor in connection with ~y conSemnation or other taking of all or any pan of the Property, whether of the unil or of the common , elements, or/hr any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured t,y the Security Instrument as provided in Section F. Lender's Prior Consent. Mortgagor shall not, excepl after notice lo Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandomueu[ or lennination of the Condominium Project or PUD, except for abandonment or termination required by law in Ibc case of subslantial destroction by fire or olher casually or in the case of a taking by cond=mnation or eminent domain; (ii) any amendment to any provision of lite Constitoent Docmnents if the provision is for file express benefit of Lender; (iii) termination of professional management and assumption of self- manage~nent by the Owners Association: or (iv) any action which would have the effect of rendering the public liabiliV insurance coverage ~naintained by the OWners Association unacceptable [o Leuder. O. Ren~edies. If Mortgagor doe:; not pay condominium or PUD dues luld assessments when due, then Lender may pay them. Any a:nounts disbursed by Lender under this section shall beco~ne additional debt of Mo~gagor secured by this Security Insmunent. Unless Mortgagor and Lender agree to other temps of payment, lhese amounts shall bear interest from the date of disbursement at the Secured Debt rate and slmll be payable, with interest, upon notice from Lender lo Mortgagor requesting payment. 13. DEFAULT. MOrtgagor will be in default if any party obligaled on the Secured Debt fails 1o make payment when due. Mortgagor will be in default if a brem:h cccurs nnder the terms of this Security Instrument or any other document executed for the pu~ose of creating, securing or guar.~n~ing the Secured Debt. A good faith belief by Lender Ibat Lender al any lime is insecure with respect to any person or, enlity obligated on lhe Secured DeN or lbat lhe prospect of any paymeut or the valoe of lhe Prope~ is impaired shall also con::ti~,te an event of defaull. 14. ~MEDIES ON DEFAULT. In sog~e inslances, federal and slate law will require Lender to provide Mortgagor wilh notice of the fight to cure or other notices m~d ma5 establish time schedules for foreclosure actions. Subject to these limilntions, if any, Lender ~nay accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any pa:'t $f the agreed fees and charges, accrued inierest and principal shall become immediately due and payable, ~ter giving notice ~f required by law, upon the occurreuce of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the te~ms of lhe Secured Debt, this Secnrily Iuslrmnent and auy related documents, including without limitation, the power to sell the Pcoperty. All remedies are distinct, cunmlalive and not exclusive, and the Lender is enlitled to all remedies provided at law or equity, whelher or not expressly set forth. The acceptance by Lender of any sum in p~:yment or pa~ial payment on the Secured Debt after the balance is due or is accelerated or after fbreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete care of any existing default. By not exercising any remedy on Mortgager's default, Lender does not waive Lender's fight lo later consider lhe event a default if it conlinues or happens again. EQ! 50C (10/2003) 15. EXPENSES; ADVANCES ON COVENA~NTS; ATTORNEYS' FEES; COLLECTION cosTs. Except when prohibited by law, Mortgagor agrees to pay all of %ender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security inter'est.~ These expenses will bear interest fi'om the date of the payment until paid iu fidl at the highest interest rate in effect as pro¥idcd in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, e~ffm"':ing or protecting Lenders' righls and re~nedies under this Security Iustrument. This antount may include, but is not linfited ~to, atlorneys' fees, court costs, aud other legal expenses. This aluount does not include attorneys' fees for a salaried employee of the Lender. This Securit~ [nstrumeut shall remain in effect until released. Mortgagor agrees to pay for any recordation costs o~' such release. 16. ENVIRONMENTAL LAWS AND HAZ~iRDOUS SUBSTANCES. As used in ihis section, (1) Environmental Law means, without limitation, the Co~nprehensive Enmronmental Response, Co~npensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other fkderal, state and local,laws, re~lations, ordinances, court orders, attorney general opinious or inte~relive letters concerning the public health, safe~, wellhre, enviromnent or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous m'aterial, waste, pollut~t or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safeB,, welfare or enviroment. The term includes, wilhout limitation, ~y substances defined as "hazardous material," "tomc substauces," "hazardous waste" or "hazardous substance" under any Environmental Law. , Mortgagor represents, wa~ants and agrees that: A. Except as previonsly disclosed and acknowledged in whting to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recog~zed to be. appropriate for the nomal use and mainteuance of the ProperS. B, Except as previously disclosed zmd acknowledged in writing to Lender, Mortgagor and eve~ tenant have been, are, and shall remain in ~11 compliance wilh any applicable Environmental Law. C. Mortgagor shall im~nediately ncti~ Lender if a release or threatened release of a ltazardous Substance occurs on, under or about the Prope~ or there is a violation of any Environmental Law concerning the Property. In such an event, Mo~gagor shall take all necessa~ remedial action in accordance with any Enviromnental Law. D. Mortgagor shall innnediately n,~tiPy Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, c;aim, or proceeding relating lo the release or threatened release of any Hazardous Substance or ~e ~olation of any Enviromnenlal Law. 17. CONDEMNATION. Mortgagor x~ll .give Lender proxnpt notice of any pending or threatened action, by private or public entities to purchase or take any or all o[' the Proper~ lhrough conde~nnation, emiuent domain, or any other means. Mortgagor authorizes Lender to inte~ene in Mo~gagor' name in any of the above described actions or claims. Mortgagor assigns 1o Lender the proceeds of any award or CEim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be cousidered payments and will be applied as provided in this Security Instnunent. This assignment of proceeds is subject to the terns of any prior mortgage, deed of Irust, security agreement or other lien document. 18. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with fl~e Proper~ due to its t)pe and location. This insurance shall be maintaiued in the amonnts and for the periods flint Lender requires. The insurance car-ier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. ~ Mortgagor fails to maintai u the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's fights in the Property according to the terms of this Security Inslrument. ~1 insurance policies and renewals shill be acceptable to Lender and shall iuclude a slandard "moflgage clause" and, where applicable, "loss payee clause." Mong'agor shall i~nmediately uofify Lender of cancellation or termination of the insurance. Lender ShM1 have the fight to hold the ?olicies and renewals. If Lender requires, Mortgagor shall immedialely give to Lender all receipts of paid prenfimns and renewal notices. Upon loss, Mortgagor shall give im~nediat'e notice to the insurance carder and Lender. Lender may make proof of ~oss if nol made immediately by Morlgagor. Unless othe~ise agreed in writing, all insurance proceeds shall be applied io the restoration or repair of the ProperB, or to the Secured Debt, whether or not then due, ;.t L'ender's ophon. Any applicatiou of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Auy excess will be paid to Mortgagor. If the Prope~ is acquired by Lender, Mortgagor'.s right to any insurance policies and proceeds resulting from damage Io the Prope~y before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before [he acquisition. 19. ESCROW FOR T~ES AND ~SURANCE. Unless othenvise provided in a separate agreement, Morlgagor will not be required to pay to Lender ~nds for t~es and insurance in escrow. 20. FINANC~ ~PORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessaD,. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and prese~e Mortgagor's obligations nnder this Security Instrunmnt and Lender's lien status on the Property. 21. JOINT AND ~DIVIDU~ L~BILITY; CO-SIGNE~; SUCCESSORS AND ASSIGNS BOUND. All duties uuder Ibis Security Instrument ~e joint and individual. If Mortgagor signs lhis Security lI~strun~ent but does not sign an evidence of debt, EQISOD (10/2003~ . 0 0085a ' "" 217 Mortgagor does so only to mortgage 'Mortgagor's interest in the Property to secure pay~rient of the Secured Debt and Mortgagor does not agree to be personally liable'on thc Secured Debt. If lhis Secnrity h~slrument secures a guaramy belween Lender and Mortgagor, Moagagor agrees lo waiw: any fights lhat may prevent Lender from bringing any action or claim against Mortgagor or any puny indebted under lhe obligation. These rights may include, bul are nol limited to, any anti-deficiency or one-denon laws. Moagagor agrees that Lender and any puny to this Secnri~ lnslrmnent may extend, modify or make any change in the terms of this Security Instrument m any evidence of debt without Mongagor's consent. Such a change will not release Mortgagor kom the terms of this Security Instrument. Thc duties and beneals of lhis Secudty h~strument shall bind and benefit the successors and assigns of Mortgagor and Lender. 22. APPLICABLE LAW; S~VE~B~IT"E; INTERPI~TATION. This Security Instrument is governed by the laws of the jurisdiction in which the Property is located, except.to the extent otbem, ise required by the laws of the jurisdiction where Property is localed. This Security Instrument is complete and fully integraled. This Securily lnslrmnent may nol be amended of modified by oral agreement. Any section in this Security Instrument, allachmenls, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressb, or impliedly permits tbe variations by wrillen agreement. If any secnon of this Security Instrument cannot be enforced according Io its terms, lhat section will be severed and will not agect lite enforceability of the remainder of tiffs Security luslmment. Whenever used, the singular shall include plural and the plural the singular. The captions and headings of the sccnons of this Security Inslrumenl are for convenience only and are not to be used Io inte~rat or define ~e terms of this Secu~ty lnstrmnent Time is of the essence in this Seem'ay Instrument. 23, NOTICg. Unless othenvise required by law, any notice shall be given by delivering it or by mailing il by first class mail to the appropriate party's address on page 1 oF fids Security Instrument, or as shown in Lender's records, or Io any olher address designated in writing. 24. WAIVERS. Except to the emem prohibited by law, Mo~gagor waives any right regarding the marshalling of liens and assets, and hereby releasing and Waiving all iights under and by vi~ue of the bomeslead exemptiou laws of this state. 25. OTHER TERMS. If checked, the following are applicable to this Security lnstrmnenl: ~ Line of Credit. The Secured Debt includes a revol~ng line of credit provision. Although the Secured Debt may be reduced to a zero balance, tNs Security Instm~nent will remain in effect until released. ~ Construction Loan. This Security Instrument secures an obligation incurred for.the construction of an improvemeut on the Property. ~ Fixture Filing. Mo~gagor grants to Lender a security interest in all goods that'.Mo~gagor owns now or m the fi~ture and that are or will become fixlures relates to the Property. This Security Instrument suffices as a financing statement ~d any carbon, photograpldc or other reproduction may be filed of record for pnrposes of Arlicle 9 of lhe Uniform Commercial Code. ~ Additional Terms. 26. R~E~. If checked, the following, are applicable to this Security Instrument. The covenants and agremnents of each or the alders checked below are inco~orated into and supplement and amend Ibe terms o[ this Security Instrument. ~ Tlfird Pa~y ~der ~ Leasehold ~der ~ Other N / A SIGNATURES: By sighting below, Mortgagor agrees to the terms and covenauls contained in lhis Secnriiy Instrument and in any attachmentS. Mo~gagor aso acknowledges receipt of a copy of rids Securib' Instrmnent on the date stated on page 1. ALAN W. LA~E~ TR~EE ' ' Mortgagor Mortgagor Date Mortgagor Date Mortgagor Date EQISOE (10/2003) Mortgagor Date 0~)008,53 ACKNOWLEDGMENT: (Individual) co~w OF l-5 -o c, o --"'- Theforegoing instrument was achmwledg :d before me by this /~ day of ~-c ~ e, .  Css my hand and official seal. ignalure o~ Otlice;)' ~ ~ My Commission Expires: ACKNOWLEDGMENT: (Individual) STA.~ OF ~)~ The foregoing instrmnent was ac~no'wledged before me by tiffs /~ day of ~.~ e ~ ~ D,OzZ Wi~s my hand and oJ~iqial seal. (sign-/ff, re'Lfo~cer)-'Lt"5 "--~0 - '- (Title of O~cer) My Co~mnission Expires: ~ - ~ IN',~ON ~ NOTARY PUBLIC ~i~ ,ires March ~ 2~ EQ150F (t0/200}) THIRD PARTY RIDER REFERENCE #: 2004 ] 53-/400210 ACCOUNT#; 0654-1554-87 10600- 1998 THIS THIRD PARTY RIDER is made on 06 ! 18 ! 2004, and. is incorporated into and shall be deemed to amend and supplement the Mortgage, Deec of Trust or Security Deed Cthe Security lnstnnnen t") given by the undersigned Trustee(s) to secure the Secured Debt from ALAN W LAMPE SHARON G LAMPE (the "Debtor") to Lender. With respect to tile Trust, this Security hlstrument constitutes a third party mortgage/deed of trust and grant of security interest by the undersigned as Tnlstee(s) of said Trust in file Property described in tltis Security Instrument to secure the Note of the Debtor to :he Lender. Consequently, references in lite text to "Borrower" refer to the undersigned Trustee(s) and the Debtor if the context in wlfich rile term is used so req.dres. Without limiting the generality of tile foregoing, lite use of the term "Borrower" in rile context of warranties, representations and obligations pertaining to the Property shall refer Io rte undersigned Trustee(s). Tile use of the term "Borrower" in the context of the requirements uuder the Note shall refer to file Debtor. Except with respect to the obligation(s) of the undersigned as individmds, and not as Trustee(s), with respeci to the Secured Debt before tile date first set forth herein above and file obligation(s) of the undersigned as individuals with respect to Secured Debt prior to the transfer of the Property into the Trust, the Trust and file tmdersigned, as Trustee(s), are not liable for the debt evidenced by the Note and are a party herem~der except insofar as their interest in the Property is xnade subject to the Security Instrument. Further, revocation of file Trust, distribution of trust assets, or death of any Debtor slhall constitute an event of default lmder the Secured Instrument. Trustee Date !// Trustee ,D/a~// / Trustee Date Trustee Date Trustee Date Trustee Date EQ3 IOA (10/2003)