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HomeMy WebLinkAbout904797Recording requested by: Wells Fargo Bank, ;- 0380 Whenreco~edretu~nto: Wells Fazgo Bank, N.A. P 0. BOX 31553 BILLINGS, MT 59103 DOCUMENT MANAGEMENT RECEIVED 11/24/2oo4 at 10:19 AM RECEIVING # 904797 BOOK: 573 PAGE: 380 JEANNE WAGNER LINCOLN COUNTY CLE'I~K KEMMERER, WY State of Wy~min~ Space .\h, ,~, I hN I,ine For Recording Data- R. EF~R~NCE #: 20042927000258 \( COUNT #: 0654-654-0545418- 1 gg8 MORTGAGE (With Future Advance ClalJ. ,') DATE AND PARTIES. The date oflkis Mortgage ("Security Instmmen[ . ,, ' 0 / 28 / 2004 and the parties, their addresses and tax identification numbers, if required ,~ c :ts follows: MORTGAGOR: ERNEST R. LAMILLER AND SHARON K. LAMILLER, TRUST[, OR THE E & S LAMILLER TRUST DATED THE 2BTH DAY OF APRIL ;.U~ ERNEST R. LAMILLER AND SHARON K LAMILLER, BENEF CIAR~ES 2o U1 If checked, refer to the attached Addendum incorporated herein, for a&ht ~,,~l:il Mortgagors their signatures and anknowledgments. LENDER:Wells FaIgo Bank, N.A. P 0. BOX 31553 BILLINBS, MT 5910'7 CONVEYANCE. For good and valuable consideration, the receipt anti - ti llClCllCV of which is acknowledged, and to secure the Secured Debt ~efinedbelow) and Mo~gagor's pefformancenndertl, conveys, mo~gagesand warranmtoLender, with power ofsale, the ~lloxxi.. PARCEL 1: A TRACT OF LAND LYING IN THE NE 1/4 NE R11DW OF THE 6TH P.M., LINCOLN COUNTY, WYOMING, Bk DESCRIBED AS FOLLOWS: BEGINNING AT A PO NT WHICH 1,109.51 FEET WEST OF THE NORTHEAST CORNER OF SA,E THENCE NORTH '738.1'7 FEET; THENCE EAST 122.16 FEET FEET; THENCE S ~'7 DEGREES 44 MINUTES W, 132.00 BEGINNING. PARCEL 2: A TRACT OF LAND LYING IN THE 8, T32N, R119W OF THE 6TH P.M., LINCOLN COUNTY, WY~ PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FEET SOOTH AND 986.85 FEET WEST OF THE NORTHEAST AND PROCEEDING THENCE NORTH 688.15 FEET; THENCE SOUTH 613.88 FEET; THENCE S 6'7 DEGREES 44 MINUTES .. POINT OF BEGINNING. 5c~tum [nstrumem, Mortgagor granm, b~gams, dcscribedproperty: SECT,ON 8, TB2N, M©RE PART CULARLY ~6 60 FEET SOUTH AND ON 6 AND PROCEEDING :rJCE SOUTH 688.15 ~HE POINT OF NE 1/4 OF SECT ON BEING MORE WH,CH IS 1,136.59 OF SAID SECTION 6 38 FEET; THENCE O0 FEET TO THE The property is located in L I NCOLN at: 16'70 STUMP CREEK RD AUBURN ~C~w~) 83111 and parcel n,,mber of 321 g0810033300 together with all hgh~, e~e~n~, app~enances, roy~, miner~ hgh~, oil and ~ dgh~, ~ wamr ~d ,'lI ,~ ,an rights, ditches, ~ water stock ~ ~1 e~s~g and ~e ~prove~, s~es, fi~es, ~ rep~ements d ~;~ .~ ,:,x n oxx or at any fiz~ in ~e ~t~e be p~ of ~e r~ emro ~mb~ above (~ r~e~ to ~ "Pro~"). ~M OB~GATION L~. The to~ p~cip~ mo~t secured t~x thi~ Secud~ I~ent at ~y one ~e s~l not e~d$ 50,000. OD . TNs limi~fion of mo~t does not includ,, i~acresl and other fees and c~ges v~i&y rode p~s~t to ~s SecmW ~mem. ~so, ~s ~tafion does not apl, h, advances rode ~er ~e mm of ~s Sec~W ~m to promct Le~er's secmW and to peffom ~y of~e covenam- ,t~laincd in tiffs Sec~W Nsmm. SEC~EB D~T ~ FUT~ ~V~CES. T~ ~m "Sec~ed Dcl,~ ~- defined as follows: EQ150A (10/2003) ,. ;. 0381 A. Debt incurred under the terms of the promissory note; revolx, ng Ii nc of credit, contract, guaranty or other evidence of debt dated 10 ! 28 / 2004 together with all amendments, extensions, modifications and renewals, and having a maturity date of 10/28/2044 B. All future advances from Lender to Mortgagor under such c~ ~(Ic~lcc of debt. All future advances are secured as if made on the date of this Security Instrument. Nothing in this Sect,,il/ Agreement shall constitute a commitment to make ' additi({nal or future loans or advances which exceed the amo~ m shm~ n in Section 3. Any such commitment must be agreed to in a separate writing. C. All sums advanced and expenses incurred by Lender for i~m'~ng, preserving, or otherwise protecting the Property and its value and any other sums advanced and expensc~ incurred by L~nder under the terms of this Security Instrument. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured I )chi/viii be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. . 6. PRIOR SECURITY INTERESTS. With regard to any other im~rtgagc, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on thc l'mpcrt.¥, Mortgagor agrees: A. To make all payments when due and to perform or comply x~ ~lh all covenants. B. To promptly deliver to Lender any notices that Mortgagor rccc~l cs from the holder. C. Not to allow any modification or extension of, nor to reques~ :ml fim~re advances under any note or agreement secured by the lien document without Lender's prior written consent 7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assess~ cuts. liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due, Lendc~ t~:t) require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mong:~?r's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of the Security Instrumc~ ~t. Mortgagor agrees to assign to Lender, as requested by Lender, any fights, claims or defenses Mortgagor may have against 1,~ I~cs who supply labor or materials to maintain or improve the Property. DIJE ON SALE OR ENCUMBRANCE. Upon sale, transfer, hyp(~hccalion, assignment or encumbrance, whether voluntary, involuntary, or by operation of law, of all or any part of the Propen.~ ~r m~y interest therein, then at its sole option, Lender may, by written notice to Mortgagor, declare all obligations secured hercbx immediately due and payable, except to the extent that such acceleration for and in such particular circumstances where ex¢~cF, c cfi' such a right by Lender is prohibited by law._ 9. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. \ lortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not c,~mfit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious xxccds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's p~ i(~ /~ rittcn consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's 1~ io~', ritten consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of:~t~ loss or dmnage to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at an)' l c:~s(m'ablc time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an insp,'c~ion specifying a reasonable 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. AUTHORITY TO PERFORM. If Mortgagor fails to perform am duly or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to bc i~c i'l'orlncd. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for pefform:~cc. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will m,t preclude Lender from exercising any of Lender's other fights under the law or this Security Instrument. If any construc~km on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect [.cndcr's security interest in the Property, including completion of the construction. 11. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevoc:~lfl~ grants, bargains, conveys, mortgages and warrants to Lender as additional security all the fight, title and to any and all cxi:ding or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Phil)errs. including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rems i~uc$ and profits (all referred to as "Rents"). Mortgagor will promptly provide Lender with true and correct copies of all ex iqing and fi~ture Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under II k' lc rn Is of this Security Instrument. Mortgagor agrees that this assignment is immediately effective betxvcc~ thc parties to this Security Instrument. Mortgagor agrees that this assignment is effective as to third parties when Lender mkcs al'finnative action prescribed by law, and that this assignment will remain in effect during any redemption period until thc gccurcd Debt is satisfied. Mortgagor agrees that Lender may take actual possession of the property without the necessity (~1' commencing legal action and that actual possession is deemed to occur when Lender, or its agent, notifies Mortgagor o1' delimit and demands that any tenant pay all future Rents directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lendc~ :~ nd will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security 1, q ~umcnt. Mortgagor warrants that no default exists under 12. the Leases or any applicable landlord/tenant law. Mortgagor also a~,.~ ,'c~ to maintain and require any tenant to comply with the terms of the Leases and applicable law. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVF. I.OI'MENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. Il'linc property is a unit in a Condominium Project or is part of a Planned Unit Development ("PUD"), Mortgagor agrees to the roi A.~ Oblig~ations. Mortgagor shall perform all of Mortgag~F~ obligations under the Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other doctm ~c~d xvhich creates the Condominium Projects or PUD and any homeowners association or equivalent entity ("Owners Associali~,~F'l: (ii) by-laws;.(iii) code of regulations; and (iv) other equivalent documents. Mortgagor shall promptly pay, when due, all d.cs and assessments imposed pursuant to the Constituent Documents. B. Hazard Insurance. So long as the Owners Associatio. ~:~intaius, with a generally accepted insurance carrier, a "master" or "blanket" policy on the Condominium Project or PUD x x h i,:h is satisfactory to Lender and which provides insurance coverage in the amounts, for the periods, and against the hazards I.d.s.lc.' requires, including fire and hazards included within the term "extended coverage," then Mortgagor's obligation under %cot ion 19 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage i~ provided by the Owner's Association policy. Mortgagor shall give Lender prompt notice of any lapse in required hazard i.~,.~',~ncc coverage. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss Io I'mpcrty, whether to the unit or to common elements, any proceeds payable to Mortgagor are hereby assigned and shall be paid Io Lender for application to the sums secured by this Security Instrument, with any excess paid to Mortgagor. C. Flood Insurance. Mortgagor agrees to maintain flood insm:~.cc for the life of the Secured Debt which is acceptable, as to form, amount and extent of coverage to Lender. D. Public Liability Insurance. Mortgagor shall take such :.'~io.s as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptal,lc in for~n, amount, and extent of coverage to Lender. E. Condemnation. The proceeds of any award or claim for d:mmges, direct or consequential, payable to Mortgagor in connection with any condemnation or other taking of all or any p',,I t~l' thc Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereb.~ :~,,,i gncd and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrumem :~s p~'ovidcd in Section 18. F. Lender's Prior Consent. Mortgagor shall not, except after' I~di¢c to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the ab:H~domucut or termination of the Condominium Project or PUD, except for abandonment or termination required by law in thc c;~sc oF substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any an ~.mhncnt to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii) terminalio, oF professional management and assumption of self- management by the Owners Association; or (iv) any action which xxo.ld have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceplablc Io l~euder. G. Remedies. If Mortgagor does not pay condominium or PUl) d,cs a nd assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this section shall bect~.c additional debt of Mortgagor secured by this Security Instrument. Unless Mortgagor and Lender agree to other terms of pa.~ mcnt, these amounts shall bear interest from the date of disbursement at the Secured Debt rate and shall be payable, with intc~csl, upon uotice from Lender to Mortgagor requesting payment. 13. DEFAULT, Mortgagor will be in default if any party obligalcd tm the Secured Debt fails to make payment when due. Mortgagor will be in default if a breach occurs under the terms of Ih i s Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt \ good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secm'cd l)ebl or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 14. REMEDIES ON DEFAULT. In some instances, federal and state I,,m xx ill require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules IN~ I'orcclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Securib l~sl Ft,,uent in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occtH'Fence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the tc~'ms of the Secured Debt, this Security Instrument and any related documents, including without limitation, the power to sell ~hc P,'operty. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided ~t I:m or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment ou Irc Sccurcd Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waivcl' ~,F l.cnder's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Le.dcl' docs not waive Lender's right to later consider the event a default if it continues or happens again. EQI50C (10/2003) 1S. EXPENSES; ADVANCES ON COVENANTS; ATTOI~NEYS' FF. 1:.5, COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expei~ses if 1Vlo~l{~.,~,~, breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incu~ed by Lender {'~,, ~,,s~lrin§, inspecting, preserving or othe~vise protecting the Properly and Lender's security interest. These expenses will bc:{~ ~l~c,'¢s~ from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Sec,~ ~d Dcbl. Mo~gagor agrees to pay all costs and expenses incu~e~i by l_~I~der in collecting, enforcing or protecting Lenders' ,~!,){~ and remedies under this Security Instrument. This amount may include, but is not limited to, alto~neys' fees, court cosl~, md olhec legal expenses. This amount does not include altorueys' fees for a salaried employee of the Lender. This SCcuril)' {,,~l,'~m~enl shall remain in effect until released. agrees to pay for any recordation costs oF such release. 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCEq. \s I~scd in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Co,~ i,c~safion and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordina~c~'.~: court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a h:~/a,'dous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or ,',,.ta,~finant which has characteristics which render the substance dangerous or potentially dangerous to the public health, ~atL'ty, xv¢l£are or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic ~b~lauccs," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writi~,~ I,, l.cnder, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction cl,,c~ t~ot apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal ~l~c ~,~d ,na intenance of the Property. B. Except as previously disclosed and acknowledged in writing ,, I.cnder, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Enviro,~,~,',~t~fl l~aw. C. Mortgagor shall immediately notify Lender if a release or th~c:~lc~cd release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Envir~)l~,,~c~tal Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in acco rd:~,,cc xx it h any Environmental Law. D. Mortgagor shall immediately notify Lender in writing as so~,,, as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relati,~,,.~ ~, thc release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 17. CONDEMNATION. Mortgagor .will give Lender prompt notice t,l' any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condc~v,~lion, e,ninent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor' name in any of thc ',~l,,~vc described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected x~i~l~ ~ condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will I~c :~pplicd as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage: ~l~'c(I o1' trust, security agreement or other lien document. 18. INSURANCE. Mortgagor shall keep Property insured against loss I',~ fi t'c, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insur:, ,~:c s l~ll be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance ~h:fll be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to mai t~:,, ~ t he coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property acc~,,di ,lg to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender :~,,I ~hall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately no~il'x l.e,lder of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lc~,k.r ,'cquires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mo~'~)513;o1' shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediatelx t,> Mo rlgagor. Unless otherwise agreed in writing, all insurance pr°ceeds shall be ~lq~licd ~o lhe restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any appl it',il ic)~ ol' proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of a.x I)a3 ment. Any excess will be paid to Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance p~,l icics a,~d proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Securc,I l)cbl innnediately before the acquisition. 19. ESCROW FOR TAXES AND INSURANCE. Unless otherwise l~ox'idcd in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 20. FINANCIAL REPORTS AND ADDITIONAL DOCUMENT~q. ~.lorlgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably ~.cc~sa,->,. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider ,,~'cc~sary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status o,, ~l,c Property. 21. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUC('I'.Sh()RS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this ';cct~ ri ty Instrument but does not sign an evidence of debt, EO150D (10/~ ,, .... 7; Mortgagor does so only to mortgage Mortgagor's interest in the Propc.'b to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Scot.iii) Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lc.del h'om bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include but are not limited to, any anti-deficiency or one-action laws. M~ ortgago~r agrees that Lender and any party to this Security l~,t~tt mcut may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mm'lgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 22. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. 'l'l,s Security Instrument is governed by the laws of the jurisdiction in which the Property is located, except to the extent othcm isc required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully ,,c~l,~ ',~cd This Security Instrument may not be amended of modified by oral agreement. Any section in this Security Instrument, ,,t;~cl,nents, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that l:m cxprcssly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enfor~'cd according to its terms, that section will be severed and will not affect the enfomeability of the remainder of this Security In~rmncI~t. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of thc ~cct.ons of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Sc~:m itx Instrument. Time is of the essence in this Security Instrument. 23. NOTICE. Unless otherwise required by law, any notice shall be give, bx dclivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or ~t~ shown in Lender's records, or to any other address designated in writing. 24. WAIVERS. Except to the extent prohibited by law, Mortgagor waix c~ ',m~ righl regarding the marshalling of liens and assets, and hereby releasing and waiving all rights under and by virtue of thc homestead exemption laws of this state. 25. OTllER TERMS. If checked, the following are applicable to this $cc'.rit.~ htstrument: I-X-] Line of Credit. The Secured Debt includes a revolving linc rd' credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will renmt~ ~n cffect until released. ~ Construction Loan. This Security Instrument secures an ohl~g:~tiou incurred for the construction'of an improvement on the Property. ~ Fixture Filing. Mortgagor grants to Lender a security inlc~csl m all goods that Mortgagor owns now or in the future and that are or will become fixtures relates to the Property. 'l'his Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may bc I-dod of record for purposes of Article 9 of the Uniform Commercial Code. ~ Additional Terms. 26. RIDERS. If checked, the following are applicable to this Securit3' I~trt.mcnt. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amc~}d ~hc tcrlns of this Security Instrument. ~ Third Party Rider ~ Leasehold Rider ~ Other ~ / A SIGNATURES: By signing below, Mortgagor agrees to the terms and cm chants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Sc,'m-iix Instrument on the date stated on page 1. ERNEST R'LAMIL-LER, TRUSIE~' SHARON K LAMILLER, TRUSffEE Mortgagor Date Mortgagor Date Morlgagor Date Mortgagor Date Mortgagor Date Mortgagor Date EQ150E (10/2003) ODO4?DT ACKNOWLEDGMENT: (Individuals The foregoing i.n. strument was acknowl7dged before me by this My Commission Expires: ~Or~¢llg_ 9. J-OO9_ _ ACKNOWLEDGMENT: STATE OF coum~ o~ The foregoing ins[rument was acknowlec~ge(~ before me by this wim~~d~~ (Signalfi}e of Officer) (Title o~ftlcdr) ' ' My Commission Expires: COUN"I'Y OF (S STATE 0 1 t,.,._~::::__:' MY COMMISSION_: ~ ~,~EXPIRES AUGUST 7 2007 / COUNTY OF ~.,~'~,~ STATE OF 1 LINCOLN ~ WYOMINGt ~)UGUS~ EQI$OF (10/2 THIRD PARTY R Il)ER I~I,]FF. RENCE #: 2004292]000258 A( '¢.'¢)UNT#: 0654-1~54-0545418- 1998 THIS THIRD PARTY RIDER is made on 10 / 28 / 2004 .~ and is mcmporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ("th~. %ccm'ily Instrument") given by the undersigned Trustee(s) to secure the Secured Debt from ERNEST R LAMILLER SHARON K LAM LLER (the "Debtor") to Lender. With respect to the Trust, this Security Instrument constitutes, third pan) mortgage/deed of trust and grant of security interest by the undersigned as Trustee(s) of said Trust in thc l)ropcrty described in this Security Instrument to secure the Note of the Debtor to the Lender. Consequently, references in the text to "Borrower" refer to the m~clcrs~gned Trustee(s) and the Debtor if the context in which the term is used so requires. Without limiting the g~'ncr:llity of the foregoing, the use of the term "Borrower" in the context of warranties, representations and oblig:mons pcrlaining to the Property shall refer to the undersigned Trustee(s). The use of the term "Borrower" in thc c(,,cxt of the requirements under the Note shall refer to the Debtor. Except with respect to the obligation(s) of the undersigned as indix ~duals, and not as Trustee(s), with respect to the Secured Debt before the date first set forth herein above and the ob I i?/titan(s) of the undersigned as individuals with respect to Secured Debt prior to the transfer of the Properb' Jim, d~c Trust, the Trust and the undersigned, as Trustee(s), are not liable for the debt evidenced by the Note and a~ ~ :~ pm't3 hereunder except insofar as their interest in the Property is made subject to the Security Instrument. Further, revocation of the Trust, distribution of trust assets, or dc:Hh off any Debtor shall constitute an event of default under the Secured Instrument. 'I~NEST R LAMILLER Tn SI=IAI~ON -K [A~I LLER / ,/ Truqcc Date Date Trustee Date TruMcc Date Date TrllStCc Date EQ310A (10/2003)