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HomeMy WebLinkAbout904782"'O34? c93 - WHEN RECORDED MAIL TO Nationwide Title Clearing, [ac. ATTN: Dusti Woodbury - CIT Unit 2100 Alt 19 North Palm Harbor, FL 34683 MIN: 100263195006460552 RECEIVED 11/23/2004 at 4:O5 PM RECtifYiNG # 904782 BOOK: 573 PAGE; 347 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SPACE A I ~ )\ t: 'i I IlS LLNE FOR RFEORDER ,'~ l MORTGAGE ~Oa~.OWEa(S) Nm~(s) and Address(es) ANTHONY J MIGNANO 2000 PANAMINT DRIVE LOS ANGELES, CA 90065 LOAN NUMBER [ DATE 9500646055 I 11118/04 TRUSTEE'S NAME AND ADDRESS I~ndcl Name Addrcs~ · Mortgage,',' Name ("Borrower") Addrc~:, [PR1NCI!~AL BALANCI $220,000.t}1} l'hc C'IT Group/Consumer Finance, Inc. (a l)clawm'e Corporation) 2030 E. FLAMINGO ROAD SUITE 260 I.AS VEGAS, NV 89119 MI':RS P.O. Box 2026' I:linl, MI 48501-2026 ("Lender") FINAL PAYMENT DATE 12/01134 MERS refers to Mortgage Electronic Registration Systems, I,e. NIER$ is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and a,signs. MERS is the mortgagee under this Mortgage. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, Tel. (888) 679-MERS. Borrower owes Lender the principal sum shown in the Princiyd l~alance box above. This debt is evidenced by Borrower's note dated the same date as this Mortgage ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on the Final Paymcm I)atc shown above. This Mortgage secures to Lender: la) the repayment of the debt evidenced by the Note, xxiil~ interest and adjustments thereto, and all renewals, extensions and modifications; lb)the payment &all othc~ ~ums, with interest, advanced under paragraph 2 to protect the security of this Mortgage; and lc) the performance ,~f Borrower's covenants and agreements under this Mortgage and the Note. For this purpose, Borrower irrcvocahly grants and conveys to MERS and its successors and assigns (solely as nominee for Lender and Lender'~ successors and assigns), in trust, with power of sale, the following described property located in County, Wyoming: SEE ATTACHED LEGAL DESC R 1 i'TI ON 'EXHIBIT A' which has the address of 1750 CROW CREEK ROAD (Street) A~TON Wyoming ~3 110 ("Property Address"); (City) (Zip Code) Borrower understands and agrees that MERS holds only legal ~itlc' to the interests granted by Borrower in this Mortgage, but, if necessary to comply with law or custom, MER.$ (,~ nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Premises; and to take any action required of kcndcr including, but not limited to, releasing and canceling this Mortgage. Together with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and pro fi~,, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions ~hall also be covered by this Mortgage. All of the foregoing is referred to in this Mortgage as the "Property." Borrower covenants that Borrower is lawfully seized of thc c~tatc hereby conveyed and has the right to grant and convey the Property. Borrower warrants that the lien created by this Mortgage is a valid and enforceable lien subordinate only to easements, liens and restrictions of record a.~ ,, f thc date of this Mortgage, and that during the entire term of the indebtedness secured by this Mortgage B,,rrowcr will not permit this lien to become subordinate to anything else. Borrower warrants and will defend ~hc title to the Property against all claims and demands except such easements, liens and restrictions of record a~ ~4' thc date of this Mortgage. SEE PAGES 2, 3, AND 4 FOR ADDITION'.,, 1~ iMPORTANT TERMS Initial(s) X~4#' ~ X 2-2784d (4/04) Wyaming Martgage Page 1 of 4 0348 Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and l.ale Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Nolo :md any prepayment and late charges due under the Note. 2 Taxes-Liens-Insurance-Maintenance. Borrower will pay, x~hcn they are due and payable, all taxes, liens or security titles (legal claims), assessments, obligations, water r:dcs and any other charges against the Property, whether superior or inferior to the lien or security title of thi~ .Xlortgage, including paying Lender any costs, including outside attorney's fees incurred by Lender in defemli.g any lawsuit by prior or later lienholders or security title holders on the Property, maintain hazard insurance .. thc Property in Lender's favor in a form and amount satisfactory to Lender and maintain and keep the Properb' i. good repair at all times during the term of this Mortgage pursuant to paragraph 4 below. If Borrower fails to m.~i.tain tile Property in good repair, Lender may enter the Property and make those repairs necessary to maintai. ~hc I'ropcrty in good repair. Lender may pay any such tax, lien or security title, assessment, obligation, water ralc~, premium or other charge necessary to maintain the Property in good repair, or any amounts requked to purchase ~uch insu.'ance in Lender's own name, if Borrower fails to do so. The amount Lender pays will be due and payable ~o I.cndcr on demand, will bear an interest charge at the interest rate set forth in the Note secured by this Mortgagc il' permitted by law, or, if not, at the highest lawful interest rate, will be an additional lien or security title on the P~opcrty and may be enforced and collected in the same manner as the other obligations secured by this Mortgage, 'Fhc insurance carrier providing the insurance referred to above will be chosen by Borrower subject to Lc,der% approval which will not be unreasonably withheld. All insurance policies and renewals must be acceptable to l~cndcr and must include a standard mortgagee clause. Lender will have the right to hold the policies and rencw:~ls. If Lender requires, Borrower will promptly give to Lender all receipts of paid premiums and renewal noticc.~, I. thc event of a loss, Borrower will give prompt notice to the insurance carrier and Lender. Lender ma3) file a proof of loss if not made promptly by Borrower. Insurance proceeds will be applied to the restoration or repair ~t' thc Property damaged or, at Lender's option, the insurance proceeds will be applied to the sums secured by this .M,.Igagc, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not :m~wcr within ten (10) days, a notice from Lender that the insurance carrier has ofl('rcd to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or i'c.l,,rc thc Property or to pay sums secured by this Mortgage, whether or not then due. The ten (10)-day period wi II b c?,in w h c n t he notice is given. 3. Application of Payments. Unless applicable law provides ol hcrwise, payments shall be first applied to any prepayment charges, then to any costs and expenses incurred umlcr this Mortgage, then to interest then due and then to principal. 4. Preservation and Maintenance of Property; Leaseh.hls. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of Iht lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender :,3roes ~o the merger in writing. 5. Mortgage Insurance. If Lender required mortgage insnr:mcc as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to mai.lain tile insurance in effect until such time as the requirement for the insurance terminates in accordance with ll,,rroxver's and Lender's written agreement or applicable law. 6. Inspection. Lender or its agent may make reasonable emrics upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspectio. ,~pccifying reasonable cause for the inspection. 7. Condemnation. The proceeds of any award or claim f,. d:mwges, direct or consequential, in connection with any condemnation or other taking of any part of the Propcr~y, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the procccd~ shall be applied to the sums secured by this Mortgage, whether or not then due, with any excess paid to Borrower In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writis~g, thc sums secured by this Mortgage shall be reduced by the amount of the proceeds multiplied by the follt,wi.g fi'action: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair m:. kcl value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice b5 Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails ~ ~cspond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply fl~c l,'occcds, at its option, either to restoration or repair of the Property or to the sums secured by this Mortgage, whether or not then due. Unless Lender and Borrower otherwtse agree in writing, ~.~.v application of proceeds to principal shall not extend or postpone the due date of the payments referred to in p:,':*~m~ph 1 or change the amount of such payments. 8. Borrower Not Released; Forbearance By Lender Not .4 Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the origi.al Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against a.y ~ucccssor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured I~) this Mortgage by reason of any demand made by the original Borrower or Borrower's successors in interest. A% lYrbcarance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any ~ ..4hr or remedy. SEE PAGES 1, 3, AND 4 FOR ADDITIONA I~ I M PORTANT TERMS ANTHONY MIGNANO 11/16/04 16:58 1794410 Page 2 of 4 034 9 9. Successors and Assigns Bound; Joint and Several l.iahility; Co-signers. The covenants and agreements of this Mortgage shall bind and benefit the succcssor~ and assigns of Lender, Borrower and MERS, subject to the provisions of paragraph 15. Borrower's covenant~ ;t,,d agreements shall be joint and several. Any Borrower who co-signs this Mortgage but does not execute thc Note: (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Properly under the terms of this Mortgage; (b) is not personally obligated to pay the sums secured by this Mortgage; a,,d (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodafi,m~ with regard to the terms of this Mortgage or the Note without that Borrower's consent. 10. Loan Charges. If the loan secured by this Mortgage i~ subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or ,,thor loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (:~) :my such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and lb) any sums already collected fi.om Borrower which exceeded permitted limits will be refunded to Borrower. lxndcr may choose to make this refund by reducing the principal owed under the Note or by making a di~,'cl pay,nent to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment with,,ut any prepayment charge under the Note. 11. Legislation Affecting Lender's Rights. Ifenactmcm ,,r expiration of applicable laws has the effect of rendering any provision of the Note or this Mortgage unenforcc:tblc according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by tills Mortgage and may invoke any remedies permitted by paragraph 17. 12. Notices. Any notice to Borrower provided for in thi~ Mortgage shall be given by delivering it or by mailiug it by first class mail unless applicable law requires usc of :, ,,,fl,cr incthod. BorroWer requests that copies of any notices of default and sale be sent to Borrower's addreas which i~ fl~c Property Address unless otherwise indicated on the front page of this Mortgage. Any notice to Lender 'shall bc given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borroxvcr. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 13. Governing Law; Severability. This Mortgage shall bc governed by Wyoming and applicable federal law. In the event that any provision or clause of this Mortgage ,~r thc Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or tl~c Note which can be given effect without the conflicting provision. To this end thc provisions of this Mortgage ;tml thc Note are declared to be severable. 14. Borrower's Copy. Borrower shall be given one confi~, mod copy of the Note and of this Mortgage. 15. Transfer of the Property or a Beneficial Interest i,I Borrower. If all or any part of thc Property or any interest in it is sold or transferred (or if a beneficial interest i, I~orrowcr is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender ;nay, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this opti,,~ ~hall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. 16. Borrower's Right to Reinstate. If Borrower meet~ ccrtai,~ conditions, Borrower shall have the right to have enforcement of this Mortgage discontinued at any time pri,,, to the earlier of: (a) such period as applicable law may specify for reinstatement before sale of the Property lmi~uant to any power of sale contained in this Mortgage; or (b) entry ora judgment enforcing this Mortgage. Tho,c conditions arc that Borrower: (a) pays Lender all sums which then would be due under this Mortgage and thc N,,lc had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses i,lcurrcd in enforcing this Mortgage, including, but not limited to, reasonable attorneys' fees; and (d) takes such :~c~ ion as Lender may reasonably require to assure that the lien or security title of this Mortgage, Lender's rights in thc Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unchanged. Upon t'cm~,al :mcnt by Borrower, this Mortgage and the obligations secured hereby shall remain fully effective as if no ;tccclcration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. Default. If Borrower defaults in paying any part et~ Ibc indebtedness secured by this Mortgage or if Borrower defaults in any other way, the entire unpaid principal ami any accrued and unpaid interest thereon and any other amounts Borrower then owes under thc loan securc~ ,~y this Mortgage will become due, if Lender desires. Lender may execute and record, in the Office of the Recordcr o1' each county in which the Property or some part is located, a written notice of thc default and Lender's electi,,,, to sell the Property secured by this Mortgage. Lender may rescind the notice before the Lender's sale by execrating and recording a notice of rescission, which will cancel any prior notice of default and of any acceleration of thc maturity of the indebtedness affected by any prior notice of default. Lender's rescission of a notice of default will m~t waive any existing or subsequent default nor impair Lender's right to execute any notice of default and election to cause the Property to be sold nor otherwise affect any of Lender's rights under this Mortgage. After the time required by law following the recording of thc mctlce of default has elapsed, the Lender may give notice of sale as then required by law and. without demand ,m Borrower, sell the real estate at thc time and place fixed in the notice of sale either as a whole or in separate p:.ccl~ n whatever order the Lender determines, at public auction to the highest bidder for cash, The Lender may p,~q~onc the sale from time to time by making a public announcement at the original or previously postponed time ;.~d place of sale, and without further notice, the Lender may make such sale at the time to which the sale may be s~, po.~tponed. SEE PAGES 1, 2, AND 4 FOR ADDITIOX\ I, IMPORTANT TERMS 11/16/04 16:58 1794410 Initial X 2-2784C Page 3 of 4 0: 04'?$8 ,k 0 '-35 0 The Lender will deliver to the purchaser a deed conveying Ibc real estate sold, but without any covenant of warranty, express or implied. Any person, including Lender or Borrower, may bid at the sale and purchase the real estate. The proceeds of the sale will be applied by the Lender fir>t, h) the payment of all fees and expenses of the Lender and of this Mortgage; second to all sums expended by Lcmlcr under the terms of this Mortgage which have not been repaid, with accrued interest at the amount allowed by law; third to all other sums secured by this Mortgage; and any remainder to the persons legally entitled to it. 18. Lender in Possession. Upon acceleration under paragraph t? or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entillcd to enter upon, take possession of and manage the Property and to collect the rents of the Property including th~c pa.~t due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on recciVCl"S bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. 19. Reconveyance. Upon payment of all sums secured by fi~i~ Mortgage, Lender shall reqnest the Lender to reconvey-the Property and shall surrender this Mortgage and all note, evidencing debt secured by this Mortgage to the Lender. Lender shall reconvey the Property without warranty. The Lender may charge a fee for services rendered in connection with the preparation, execution or rcc,,rdafion of a reconveyance, or request for a reconveyance, to the extent allowed by law. Such person or pers~ms shall pay any recordation costs. 20. Riders to this Mortgage. If one or more riders are executed by Borrower and recorded together with this Mortgage, the covenants and agreements of each rider shall be inc,,porated imo and shall amend and supplement the covenants and agreements of this Mortgage as if the rider(s) wcrc a part of this Mortgage. [Check applicable box(s)]. _~_ Adjustable Rate Rider ~ Graduated Payment Rider [-~ Request for Copy of Notice of Default [~] Csndominiml~ Rider .' [~ Planned [!.il Dcvclop,nent Rider ~ Other(s) 1 ~lwci fyi ~-] 1-4 Family Rider 21. Transfer of Servicing. If the servicing of this Mortgage :md thc indebtedness by which it secures is ever transferred from one servicing agent to another servicing agcm each such servicing agent shall inform the Borrower of the transfer prior to the creation of any obligation on thc part of the Borrower to pay the new servicing agent. By signing below, Borrower accepts and agrees to the terms ami covenants contained in this Mortgage and in any rider(s) executed by Borrower and recorded with it. The undersigned(s)hereby release and waive all rights umlcr a,]d by virtue of the homestead exemption laws of this state. SEE ATTACHED ADJUSTA B l.l'] RATE MORTGAGE RIDER TO DEED SEE PAGES 1, 2, AND 3 FOR ADDITION. \ l~ I 51PORTANT TERMS Witness N ~;"iI l~ IIGN~ Borrower Witness Borrower STATE OF~O.~.~__rt'_ .~c ~ ? ~_ / COUNTy OF , ~ ~ 2~ ~ ('otary./Sam6andTiIle) a No~ Public in and for the S~ of~, personally appeared ~ZI ~-/ a' v~, L N , proved to me on the basis of satisfacto~ evidence) to be the p,'r3on[~ whose name~) is/~ subscribed to the within instrument and ac~owledged to me that he~ey cxcctflcd the same in his~he~ authorized capaci~(i~, and that by his/he~ si~amre~ on the imtrumcnt the person(~ or the enti~ upon behalf of which the person~acted, executed the instrument. ~;~' RIC~D SCO~ __ ~ --~5~'f~YLOS ~geles CounN S i gnamr 7 ~otarial Seal) 11/1~04 16:58 1794410 2-27840 Page 4 of 4 EXHIBIT A Parcel 1 The property, as referred to in the Deed recorded in B~)k 360PR on page 155 and a portion of the property as referred to in the Deed recorded in Bt,~k 452PR on'page 94, with the Office of the Clerk of Lincoln County, Wyoming, within the Sli !,~ NW~fi, NE~fiSW~fi and NW¼SE~fi of Section 4, T31N Rll9W of the 6th P.M., Lincoln C~mnty, Wyoming, the metes and bounds being more particularly described as follows: Beginning at the B.L.M. type monument marking the Marlowe A. Scherbel PLS 5368, 1991 for the location for the Southwest corner of the SW~ANE ~/~ ~1' said Section 4; thence N 89°08'01'. E, along the south line of said 5W~ANE~,6, 84.78 feet to the iron pipe marking the northwest corner of the Borden pr{Ipcrty, as referred to in the Deed recorded in Book 301PR on page 3, with said Office; thence Southerly, along the west line of said Borden property the following: S 22°47'17'. E, 135.22 to an iron pipe, S 9o26'39'' E, 96.44 foci to an iron pipe, S 0o53'48'. W, 266.21 feet to an iron pipe marking the southwest corner of said Borden property; thence N 89014'35.' W, 30.00 feet to an aluminum c'ap on iron pipe; thence N 77048'39'' W, 357.57 feet to an aluminum cap on iron pipe; thence N 7o29'29'' W, 60.28 feet to an iron pipe; thence S 79o52'34'' E, 266.49 feet to an iron pipe; thence S 87o33'23'. E, 50.86 feet to an aluminum cap {m iron pipe marking a point in the west line of said SW~,4NE~A, said point also being thc south corner of the Borden property as referred to in the Deed recorded in Book 4031'R on page 780 with said office; thence S 1°33'04'' W, along said west line, 140.38 foci, to the point of beginning. Parcel 2 The right of access as provided for in instrument recorded September 10, 1991 in Book 301PR on page 3 of the records of the Lincoln County Clerk ADJUSTABLE RATE RIDER THIS ADJUSTABLE RATE RIDER is made this 17TH day of NOVEMBER 2004 , and is incorporated into and shall be deemed ~,, amend and supplement the Mortgage, Deed of Trust, or similar instrument (the "Security Instnmlcnt") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Promissory Note (the "Note") to TltE CIT GROUP/CONSUMERFINANCE, INC., (the "Lendcl") rd' thc same date and covering the Property described in the Security Instrmnent and located at: 1750 CROW CREEK ROAD AFI'ON~ WY 83110 Prope ny Address THE NOTE CONTAINS PROVISIONS AI.I,O~VIN(; ]"OR CHANGES IN THE INTEREST RATE AND TH-F~ MONTHI~y PA~'MENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE Tll E BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covc'nal~ts and agreements made in the Security Instrument, Borrower and Lender further covenant and agree a~ t, ,1 loxvs: The Note provides for an initial interest rate of 6.875 %. The Note provides for changes in the interest rate and the monthly payments, as follows. Thc ilncrcst rate I will pay may change on 12101106 and on that day every 6 month(s) utcrcallcr. Each date on which my interest rate could change is called a "Change Date." Beginning with the first Change Date, my interest will I~,. t~ascd on an Index. The "Index" is the average of the interbank offered rates for six month U.S. Dollar deposits in the London market based on quotations of 5 major banks (IJBOR), as published in the Wall !4tract Journal. If the Index is no longer available, the Note Holder will choose a new Index which is baa. cd upon comparable information. The Note Holder will give me notice of this choice. The most reccin llidcx figure available as of the date 45 days before each Change Date is called the "Current Index." lk.l'~ ,'c each Change Date, the Note Holder will calculate my new interest rate by _adding_ 5.375 % 1~, risc Current Index. The Note Holder will then determine the mount of the monthly payment that would 13c sufl'icicnt to repay the unpaid principal that I am expected to owe at the Change Date in full on thc Xlaturity Date at my new interest rate in substantially equal payments. The result of this calculation ~ ill be the new amount of my monthly payment. The interest rate I am required to pay at the fir~ ('tlange Date will not be greater than 9.875 % or less than 3.875 %. Thereafter, my nncrcst rate will never be increased or decreased on any single Change Date by more than 1.000 ',; from the rate of interest I have been paying for the preceeding 6 months. My interest rate will never be greater than 12.875 %. My new interest rate will become effective on each Change l)atc 1 will pay the amount of my new monthly payment beginning on the first monthly payment date al tcr thc Change Date until the amount of my monthly payment changes again. The Note Holder will del ix cr t~r mail to me a notice of any changes m my interest rate and the mount of my monthly payment bcf~)rc thc effective date of any change. The notice will include information required by law to be given to n,c and possibly certain other information as well. BY SIGNING BELOW, Borrower ~NANO accepts and agrees to tl~,. terms and covenants contained in this (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower 11/16/04 16:5& 17D4410 82-4383 (1/00)Multistate Adjuetnble Rate Morlgage Rider- LIBOR (Seal) -Borrower