HomeMy WebLinkAbout905624 RECEIVED 1/4/200E
RECEIVING #
BOOK: 576
JEANNE
LINCOLN COUNTY CLE,
State of' 'Wyoming
[Space Above Tiffs Line For itt
MORTGA{
FtIA C~tse No.
591-0962035 703
THIS MORTGAGE ("Security Instrument") is given on g.'---: : :' (5,3, 2005
The Mortgagor is GARTIl D DANA, A STNGLE PERSON
'"Borrower"). This Security Instrument is given to
BW MORTG?:
which is organized and existing under the laws of TIIE STATE
whose address is P.O. BOX 1.0304, DES MOINES, IA
EIGHTY ONE THOUSAND SEVEN HUNDRED SEVENrTEEN
This debt is evidenced by Borrower's note dated the same
provides for monthly payments, with the full debt, if not paid earl
· This Security instrument secures to Lc~,
Note, wkh interesh and all renewals, extensions and modificado:
with interest, advanced under paragraph 7 to protect the security ~
0046577136
FHA Wyoming Mortgage - 4/96
(~4R (WY)(9604) 01
VMP MOSTGAGE FO~MS-(800)521-7291
2d,!ARE , and
04
i;,~n'ower owes Lender the principal sum of
:.~..' ! 0 0
this Security Instrument ("Note"), which
;nki p~tyable on FEBRUARY 0t, 2035
tl~' repayment of thc debt evidenced by the
R~tc; (b) the payment of all other sums,
';,.~'urity h~su'umem; and (c) the performance
of Borrower's covenants and agreements nnder this Security l:~
does hereby mortgage, grant and convey to the Lender with ?o
in LINCOLN
LOT 16 OF BLOCK 4 OF THE LINCOLN HEIGHTS Si
LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE
PLAT THEREOF.
:,~d the Note. For this propose, Borrower
,i,'. tl:c following described property located
County, Wyoming:
SION TO THE TO~ OF KE~ERER,
A L
THIS IS A PURCHASE MONEY SECURITY INSTRU'HEN'i
WELLS FARGO HOME MORTGAGE, P.O. BOX 10304,
.'1 STATEMENTS SHOULD BE SENT TO:
,:il{ES, lA 503060304
which has the address of 1314 LINCOLN HEIGHTS DRIVE
\Vyoming 83101 [Zip Code]
TOGETHER WiTH all the improvements now or her,..
appurtenances and fixtures now or hereafter a part of the
covered by this Security Instrument. All of the foregoing is
BORROWER COVENANTS that Borrower is law~lly
mortgage, ~rant and convey the Property and that ~he Property
Borrower warrants and will defend generally the title to the Pr~
encumbrances of record.
THIS SECURITY INSTRUMENT combines unifom: ct~,
with limited variations by jurisdiction to constitute a unifbrm
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and Late Charge.
interest on, the debt evidenced by the Note and late charges clue
2. Monthly Payment of Taxes~ insurance and Other
payment, together with the principal m:d intcrest as set forth in
special assessments IevJed or to be levied against the Propc~;
Property, and (c) premiums for insurance required under para~'.
mortgage insurance premium to th~ Secretary of Housing and
which such premium would have been required if Lender still
shall also include either: (i) n sum for the annual mortgage insm
or (ii) a monthly charge instead of a mortgage insurance premim~
in a reasonable amount to be determined by the Secretary.
items are called "Escrow Items" and the sums paid to Lender' arc
Lender may, at any time, collect and hold amounts for
nmximum amount that may be required for Borrower's escrow
Act of 1974, 12 U.S.C. Section 2601 et seq. and implememi ~
amended from time to time ("RESPA"), exceN that the cushi~:
disbursements or disbursements before the Borrower's paymem
mnounts due 1br the mortgage insurance premium.
..i: [ERER [Street, City],
Address');
· ;,-tied cm the property, and all easements,
:-cplacements and adclftions shall also be
~ Security h~strument as thc "Property."
~'~tatc hereby conveyed and has the right to
~'.~c~cd, except R~r encumbrances of record.
., ,:~t~t all claims and demands, subject to any
tuitional use and non-unit'onn covenants
covering real property.
qml! pay when due the principal of, and
:::.:,. Non'ower shall include in each monthly
:,.,hl a~v hue charges, a sum Ibr (a) taxes and
'.,.:~4d~old payments or ground rents on the
irt amy year in which the Lender must pay a
/ ~".doi>ment ("Secretary"), or in any year in
h~'cm'iw Instrument, each monthly payment
,.~:~Rtm to be paid by Lender to the Secretary,
5;,:~:urity Instrument is held by the Secretary,
t~t~' monthly charge by the Secretary, these
I]-croxx Funds.'
· r::, in au asare,ate amount not to exceed the
~mdcr the Real Estate Senlement Procedures
, '.~:tbns, 24 CFR Part 3500, as they may be
,..~..c pcrnyitted by RESPA for unanticipated
.;'.~:d::lc m the account may not be based on
If the amounts held by Lender for Escrow Items exceed thc
shall account to Borrower for the excess funds as required by
time are not sufficient to pay the Escrow Items when due, Lendc:
make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security
Borrower tenders to Lender the i~li payment of alt such sums,
remaining for all instalhnent items (a), (b), anti (c) and any mort~~
not become obligated to pay to the Secretary, and Lender
Inm2ediately prior to a foreclosure sale of the Property or its
credited with any balance remaining for all installments for items
3. Application of Payments. All payments under paragraph,.
First, to the mortlage insurance premkm~ to be paid by
Secretory instead of tlae monthly mortgage insurance pren~um;
SeconcI, to any taxes, special assessments, leasehold paymen
insuraace premiums, as required;
Third. to interest due under the Note;
Fourth, to anaortization of the principal of the Note; and
Fifth, to late charges due under the Note.
4. Fire, Flood and Other tiazard Insurance. Borrower
now in existence or subsequently erected, against any hazards, ca~.~
Lender requires insurance. This insurance shall be maintained
requires. Borrower shall also insure ali inaprovements on the P~
erected, against loss by floods to the extent required by the Seen.
approved by Lender. The insurance policies and any renewals
clauses in favor of, aad in a form acceptable to, Lender.
In ttae event of loss, Bon'ower shall give Lender i~mnediate
made promptly by Borrower. Each insurance company concerned
for such loss directly to Lender, ins:cad of to Borrower and
proceeds may be applied by Lender, at its option, either (a) to
this Security Instrument, first to an7 delinquent amounts applied
of principal, or (b) to the restoration or repair of tlae damaged
principal shall not extend or postpone tl:e due date of the monthl,.
change the anount of such payments. Any excess insurance proc~
indebtedness under the Note and this Security InsU-ument shall bc
In the event of foreclosure of this Security Insmmaent or
tt~e indebtedness, all right, title and interest of Borrower in
purchaser.
5. Occupancy, Preservation, Maintenance and Protectio~
Leaseholds. Bon'ower shall occupy, establish, and usc the Prot",
days after flee execution of this Security Instrument (or within si.
and shall continue to occupy the Property as Borrower's princip:
occupaacy, unless Lender determines that requirement will cause
circumstances exist which are beyond Borrower's control.
circumstames. Borrower shall not commit waste or destroy,
Property to deteriorate, reasonable wear and tear excepted. Lend~
or abandoned or tlae loan is in defauh. Lender may take reason:
!~crmitted to be held by RESPA, Lender
'.tmonnts of ffmds held by Lender at any
Borrower and require Borrower to
~ccured by this Security Instrument. If
;~ccount shall be credited wkh tim balance
premium installment that Lender has
:'cfund any excess lknds to Bon'ower.
Lender, Borrower's account shall be
bc applied by Lender as follows'
~ccrctary or [o the monthly charge by the
: ,md rents, and fire, flood and other hazard
:~!! improvements on the Property, whether
.,;rd contingencies, including fire, for which
:~n~mnts and for the periods that Lender
'..,, ]~cthcr no~v in existence or subsequently
',i~ iu*urancc shall be carried with companies
: ~! ~v Lender and stroll include loss payable
,. ~::ti!. Lender may make proof of loss if not
i,,, m:thorized and directed to make payment
~ : i~intly. All or any part of the insurance
::,~ of the indebtedness under the Note and
,~,,k':' in paragraph 3, and then to propayment
~,.. Xnv application of the proceeds to the
, '.:t, u,'hid2 are referred to in paragraph 2, or
': :t~ ~tmoun[ required to pay all outstanding
, :!~' c~tity legally entkled thereto.
',c~' ~)i' titl~ to the Property that extinguishes
:.t~nmuc policies in force shall pass to the
ih'~l)erty; Borrower's Loan Application;
!;,,,.:'ower's principal residence within sixty
later sale or transfer of the Property)
for at least one year after the date of
!:: rd,hip for Borrower, or unless extenuating
,d~a]l notify Lender of any extenuating
:',u,t:mtially change the Property or allow the
~>l)~ct thc Property if the Property is vacant
to protect and preserve such vacant or
,!t~4R(WY) (96o4).o~ Pae~e 3 of 8
abandoned Property. Borrower shall also be in default if
materially false or inaccurate information or statements to
information) m connection with the loan evidenced by the b~
concerning Borrower's occupancy of the Property as a prina'~
leasehold, Borrower shall comply with the provisions of the lc~~
leasehold and fee title shall not be merged unless Lender a~rees ~
~. Condemnation. The proceeds of any award or claim fo~
any condenmation or other taking of any part of the Propert)
hereby assisned aud shall be paid to Lender to tl~e extent of thc
under the Note and this Security instnm~ent. Leuder shall
under tl:e Note and tltis Security Instrument, first to any
paragraph 3, and then to prepayment of principal. Any applicati~,~
postpone the due date of the monthly payments, which are
payments. Any excess proceeds over an amount required to
Security Instrument shall be paid to the entity legally entitled thcs;
7. Char~es to Borrower and Protection of Lender's
~overnmental or municipal char~es, fines and impositions that ,,
these obligatious on time directly to the entity which is owed th
Lender's interest in the Property, upon Lender's request B~,:
evidencin~ these payments.
If Borrower falls to make these payments or the payments :':
covenants and a~reements contained in this Security Instrument.
affect Lender's rishts in thc Property (such as a proccedin$ in
relulatJons), then Lender may do and pay whatever is necessa:
rights in the Property, includin~ payment of taxes, hazard insura~
Any amounts disbursed by Lender under this paragraph
secured by this Security Instrument. These ~m~ounts shall bear im
and at the option of Lender, shall be inm~cdiately dhl~ and payabh-
Borrower shall promptly discharge any lien which has prh::
(a) a~rees in writin~ to the payment of thc obligation secured
contests in ~ood faith thc lien by, or defends agah~st en~orce~:~.
Lender's opinion operate to prevent the enforcement of the
a~reement satisfactory to Lender subordina[in~ the lien to this
of the Property is subject ~o a lien which may attain priority
a notice identifyin~ the lien. Borrower shall satist? the lien or t:~:
10 days of the ~ivin~ of notice.
8. Fees. Lender may collect fees and charges authorized
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by
defaults, require immediate payment in full of all sums
(i) Borrower defaults by failin~ to pay in full any n~:
prior to or on the due date of the next monthly
(ii) Borrower defaults by failing, tbr a period of
in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if
of the Gem-St. Germain Depository institutions Act
the loan application process, gave
to provide Lender with an), material
but not limited to, representations
tf this Security Instrument is on a
acquires fee title to the Property, the
writing.
~li~-cct or consequential, in connection with
c,?,:vcyance in place of condemnation, are
the indebtedness that ren2ains unpaid
to the reduction of the indebtedness
;t~t~umts applied in the order provided in
~:r,~ccccls to the principal shall not extend or
'.~:tr'agraph 2, or change the amount of such
indebtedness under the Note and this
~hc Property. Borrower shall pay ail
r:~.!mlcd in paragraph 2. Borrower shall pay
[i' failure to pay would adversely affect
promptly furnish to Lender receipts
i~:~nT_raph 2, or fails to perform any other
h_Tal proceeding that may significantly
i'of condemnation or to enforce laws or
thc value of the Property and Lender's
items mentioned in paragraph 2.
:~n additional debt of Borrower and be
thz date of disbursement, at the Note rate,
this Security Instrument unless Borrower:
ii:.p, in a manner acceptable to Lender; (b)
'.itc I]c. 17 ii1, legal proceedings which in the
,'~ sutures from the holder of the lien an
t'tlment. If Lender determines that an)' part
i~v Instrument, Lender may give Borrower
~:',~)~-c o1:' tile actions set forth above within
! hv the Secretary, ii1 the case of payment
~,,..]~is Security Instrument if:
j,:~5 nt,,_'nt required by this Security instrument
.. t~ l~crform any other obligations contained
applicable law (including Section 34 l(d)
U.S.C. 1701j-3(d)) and with the prior
zqoprovaI of the Secretary, require immediate payment i~ :,t :t!l :qmts secured by this Security instrument
if:
(i) All or part of tile Property, or a beneficial interest
or otherwise transferred (other than by devise or des,
(ii) The Property is not occupied by the purchaser
purchaser or grantee does so occnpy tile Propert':
accordance with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would pern~
Lender does not require such payments, Lender does not
(d) Regulations of HUD Secretary. It: many circumst:
Lender's rights, in the case of payment defanhs, to re~
paid. This Secnrity Instrument does not authorize acceh:
of the Secretary.
(e) Mortgage Not insured. Borrower agrees that ii' this
to be eligible for insurance under the National Housin
may, at its option, require immediate payment in fldl
written statement of an),, authorized agent of the Secret:n
declining to insm'e this Security Instrument and thc
ineligibility. Notwithstanding the foregoing, this
unavailability of insurmxce is solely clue to Lender's Ih
Secretary.
10. Reinstatement. Borrower has a right to be reinstate~
because of Borrower's failure to pa)' an amount due under thc
even after foreclosure proceedings are instituted. To reinstate
lump :nm all amounts required to bring Borrower's account cu'.,
Borrower under this Security Instrument, foreclosure costs and
properly associated with the foreclosure proceeding. Upon rein>
the obligations that it secures shall remain in effect as if
However, Lender is not required to permit reinstatement
connnencement of' foreclosnre proceedings within two years
foreclosure proceeding, (ii) reinstatement will preclude forec!,
reinstatement will adversely affect the priority of the lien cma[cd:
11. Borrower Not Released; Forbearance By Lender
modification of amortization of the snms secured by this Securi~
interest of Borrower shall not operate to release the liability o
interest. Lender shall not be required to con~nnence proceedings .
time for payment or otherwise modify amortization of the sums
demand made by the original Borrower or Borrower's snccessors
any right or remedy shall not be a waiver of or preclude the exert'
12. Successors and Assigns Bound; Joint and Several Li
of this Security Instrument shall bind and benefit the successors
provisions of paragraph 9(b). Borrower's covenants and :green
co-signs this Security instrument but does not execute the Not~.
mortgage, grant and convey that Borrower's interest in the Prop<
is not personally obligated to pay the sums secured by this Sect'.
other Borrower may agree to extend, modify', forbear or make
Security Instrument or the Note without that Borrower's consent.
~:..t ,~v,'ning all or part of the Property, is sold
::::c ',ts his or her principal residence, or the
:;- ~ her creclit has not been approved in
: ,:,.'~ :,~ ~-cquire immediate payment in full, but
:;, ~inhts with respect to subsequent events.
:,.:~u~:ttions issued by the Secretary will limit
:::r: cdiatc payment in ffdl and foreclose if not
,,: l¢',cclosure if not permitted by regulations
. l;xstrument and the Note are not detern~ined
~;',:Jn 60 days from the date hereof, Lender
:[::>~ seem-ed by this Security instrument. A
,~ 'tl})scqtlcnt t0 60 days fron2 the date hereof,
~ ,n bo deemed conclusive proof of such
..: m,t he exercised by Lender when the
~c~.,~[ a mortgage insurance premium to the
:~,!cr has required inm-~ediate payment in
th:~, Security Instrument. This right applies
it', Instrument, Borrower shaU tender in a
t,dinS, to the extent they are obligations
and customary attorneys' fees and expenses
I),. Borrower, rials Security Instrument and
m~t required immediate payment in full.
f c~n]cr has accepted reinstatement after the
iu cccdmg 'the conm~encement of a current
diFi'crent grounds in the future, or (iii)
~;cktlFity iustrumen[.
hi,ur. Extension of the time of payment or
:~ttCll[ Sra~tted by Lender to any successor
~u]~ml Borrower or Borrower's successor in
;~::',' successor in interest or refuse to extend
~,x this Sccnrity Instrument by reason of any
.t. Auy forbearance by Lender in exercising
r'iglxt or remedy.
( {,-~igners. The covenants and agreements
~t~'.~ of Lender and Borrower, subject to the
~,:,!i }>c joint and several. Any Borrower who
~ ~i?hxg this Security Instrument only to
~L~ thc terms of this Security instrument; (b)
~;~mcnt; and (c) agrees that Lender and any
, ~',:u<,d'ations with regard to the terms of this
(~4R(WY),~ (9604) 01 Page 5 of 8
13. Notices. An}, notice to Borrower provided for in this
by mailing it by first class mail unless applicable law requires u
the Property Address or any other address Borrower designate:,
~iven by first class mail [o Lender's address stated herein or
Any notice provided for in this Security Instrument shall be dca:
~iven as provided in this paragraph.
14. Governing Law~ Severabili/),. This Security instrum~
the jurisdiction in which the Property is located. In the event
or the Note conflicts with applicable law, such conflict shall not
the Note which can be given effect without the conflicting
Instrument and the Note are declared to be severable.
1S. Borrower's Copy. Borrower shall be ~iven one c
Instrument.
16. H'azardousSubstances. Borrower shall not causeorI
of any }-iazardous Substances on or in the Property. Borrowc~
affectin~ the Property that is in violation of any Environmental
the presence, use, or storage on the Property of small qum
recognized to be appropriate to normal residential uses and to m:~
Borrower shall promptly siva Lender written notice of any
by any ~overnmcntal or regulatory asency or private party inn
Environmental Law of which Borrower has actual ~owled~e. ~
or regulatory authority, that any removal or other remediation o~
necessary, Borrower shall promptly take ail necessary remedial
As used in this paragraph 16, "Hazardous Subst~mes'
substm:ces by Environmental Law and the followin~ subsm~
petroleum products, toxic pesticides ~d herbicides, volatile sol',~
~d radioactive materials. As used in this paragraph 16,
jurisdiction where the Property is located that relate to health,
NON-UNIFORM COVENANTS. Borrower and Lender l'arther ·
17. Assignment of' Rents. Borrower unconditionally assiu,
of the Property. Borrower attthorizes Lender or Lender's agent>
each tenant of the Property to pay tNe rents to Lender or
Borrower of Borrower's breach of any covenant or agreement i~
receive all rents and revenues of the Property as trustee for thc ,
rents constitutes an absolute assignment and not an assignment
If Lender ~ives notice of breach to Borrower: (a) all rent~
trustee for benefit of Lender only, to be applied to the sums
entitled to collect and receive all of the rents of tt:e Property;
clue and unpaid to Lender or Lender's a~ent on Lender's written
Borrower has not executed any prior assignment of the rem,
prevent Lender from exercising its rights under this paragraph 1
Lender shatl not be required to enter upon, take control
of breach to Borrower. ttowever, Lender or a judicially appoim~
Any application of rents shall not cure or waive any defauh or
assignment of rents of the Property shall terminate when the debt
!~>.',~ mnev, t shall be ?,'eh by dcliverin~ it or
!~c~-method. The notice shall be directed to
, , i~, [.cnder. Any notice to Lender shall be
I.cnder designates by notice to Borrower.
.:~'. ~ l>ccn given to Borrower or Lender when
.: i~. m~verned by Federal law and the law of
i~,'. i skin or clause of this Security Instrument
~ /'.e:' pn:~visions of this Secnrity Instrument or
1~ ti:is end the provisions of this Security
copy of the Note and of this Security
i~'cscnce, nsc, disposal, storage, or release
nor allow anyoue else to do, anythin~
~ ~..~_~,mo two sentences shall not apply to
l l:txzu'dous Snbstances that are generally
hc Property.
cNdm, demand, lawsuh or other action
Ih~:pcvty and any Hazardous Substance or
lam-ns, or is notified by any ?vernmental
i , 'xt'dous Substances affectin~ the Property is
; cco!d'duc~ with ~nvironmental Law.
,u~stances defined as toxic or hazardous
linu. kerosene, other flan~nable or toxic
,.:ku~:ds containin~ asbestos or formaldehyde,
l.xw' means federal laws and laws of the
. ~:', ',; ~:llin0ntg~ protection.
,~,.d a;ree as follows:
m::,l'crs to Lender all the rents and revenues
~hu rants and revenues and Nereby directs
:~:ts. I-Iowever, prior to Lender's notice to
i~v instrument, Borrower shall collect and
~: i.cndcr and Borrower. This assignment of
~¢:~1 security only.
h,. Borrower shall be held by Borrower as
~]:c Security instrument; (b) Lender shall be
tenant of the Property shall pay all rents
thc [cllan[.
1~t and wN1 not perform any act that would
thc Property before or aher giving notice
may do so at an}; time there is a breach.
:m,~ other right or remedy of Lender. This
thc Security Instrument is paid in full.
18. Foreclosure Procedure. If Lender requires immediat~
invoke the power of sane and any other remedies permitted b',
all expenses incurred in pursuin~ the remedies provided in
reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall ~ive n
person in possession of the Property, if different, in accordan
the sale to Borrower in the mam~er provided in paragraph 1.
Property shall be sold in the manner prescribed by applicai;
Property at any sale. The proceed~ of the sale shall be
sale, including, but not limited to, reasonable attorney~'
Instrument; and (c) any exce~s to tt~e person or persons
If the Lender's interest in tt~i~ Security Instrument i~
immediate patment in ftfll under Paragraph 9, the Secrc
provided in tim Single Family Mortgage Foreclosure Act of I
a forcclo~tlre commissioner desianated under the Act to
provided in the Act. Nothin~ in the precedin~ sentence
available to a Lender under this ~ara~raph 1S or applicable
19. Release. Upon payment of ail sums secured by this S~
instrument without charge to Borrower. Borrower shall pa)' any
20. Waivers. Borrower waives all rights of homestead
cm-tesy and dower in the Property.
i~ full under paragraph 9, Lender may
law. Lender shall be entitled to collect
, ~,;s'at)h 1S, including, but not limited to,
,[ intunt to foreclose to Borrower and to the
~ :~IU>licable law. Lender shall give notice of
;. h.~' shall publish the notice of sale, and the
.,. l.undtr oF its designee may purchase the
,,~. R~lhm'ing order: (a) to all expenses of the
~ ~o all sums secured by this Security
i]~u Secretary and the Secretary requires
,:::~,, invoke the nonjudicial power of sale
.cl"~ (12 U.S.C. 3751 et xec].) by requesting
.~'t, l'm'cclosure and to sell the Property as
~ ,ii,t, the Secretary of any rights otherwise
Lender shall release this Security
~:~ 'i~c Property and relinquishes all rights of
21. Riders to this Security Instrument. If one or more ri,
with tiffs Security Instrument, the covenants of each such ri..i
supplement the covenants and agreements of this Security Ii'~si~,:
Instrument. ICheck applicable box(es)].
~ Condominium Rider ~ Growing Equit
[~ Phmned Unit Develotoment Rider ~ Graduated P:n:
, ~'.:ccutcd by Borrower and recorded together
J'. i,c incorporated into m~d shall amend and
' ,- il thc' rider(s) were a part of this Security
[] Odter [specify]
ARM RIDER
t~,,~4R(WY) (9604).01 Page 7 of 8
BY SIGNING BELOW, Borrower accepts and agrees to t
any rider(s) executed by Borrower and recorded with it.
Witnesses:
GA
this Security' Instrument and ii}
(Seal)
(Seal)
-Borrower
(Seal)
-~0[I O\ver
(Seal)
(Seal)
-Borrower
(Seal)
(Seal)
-Borrower
(Seal)
-~orrower
STATE OF WYONIING,
Tile foregoing instrument was acN:owledged be:ore me \hi:
b.v GARTH D DANA
County ss:
2005
(date)
March 25, 2006
My Commission Expires:
(person acknowled
L
tI~¢j4R(WY) (96o4) ol Page s of 8
._,
-~(Asd~mrne~nt of;
~' ' "~,*this 3~
THiS 'i ~! FAMILY RIDr. R :s :~
Secmnty D~d (the "Se~.~.r:hy Instn~m~u"') of due sa~e
13i4 LZN'COLN
1-4 F.^2~LY ~O ."EN..NTS, addition to
!nsuv. ment, Borr._ower ~nd L.e~r B.L,'~J:er covenaa; and
A. ADDITIONAL PROPERTY SUBJECT TO
thc Property described in the Sec~ity tn~;tr,.:mem, the
Propt:~y to ~e extent they ~.re fixtures ~-e added to d~e
Property cowred by '&e S~omty In,t~4ment: building
whatsotve~ now or h~rcai'l~r locrit~ ~n~ on, or u:~d,
Prop:ny, ~ncludmg, but nc< lk~ed m. ~hose for the
r~ffigcva[ors, dbhw~hers, disposes, w~:sh¢~r~, dp/ers,
blinds, shades, cunar:s ?md :cu?ain rods, att:abed ~rrors.
ed! of which, k~clodLng repl~ements at~.d ~3didons Zhere~.o.
Propmxy c<:,vc'ed by the S~7afiry i~tmment. All of fl~e
Ce Se:ufity Instrument (or ~e ieaseho}d esram if the Seem.
in this 1-4 F~m2[y Rider :o.'.~d ~he ~urky lnstpame2t ~ the
7:'. 2:¥ ,zr, dersig;,ed (uhe "Borrower")
(thc
:: d ".:. b~ used in cotm~;tion with the
::~' s'u?plying or discr'&,uting heating,
, t ,:dn~uj~ing app~a::us, securfiy and
:'::;'m ~.dndows, sto~ doors, scrcms,
: ..:mneling a2d attach~ floor
:,f~gxe; wiZh the Prop:gy described
: .'u~':':~ i~ on a leasehold) ~:e ref'e~ed
2 C' ' d
, :t;:;:;57:'";
2. USE OF FRO?ERTY; COMPLIANCE ?ri. TH
:a cha'~g~: in the use of ~c Prope~y or its zoning
c~ge. Borrow~ shall ~mp!y w[~ a~l ~aws,
gove~men't~ b~dy applicable ro ~e Property.
C. SUBOP~iNaTE LIENS, Excep~ a pe~Ued by
in. fcrior ~o ~e Se<.ufity [msim:merit to ~. ~rfe~cred agmn:~
D, ~E¢:D~ LOSS LNSt~ANCE, Bo=ower sh~l w~h~
~he omer h~'ds for which insurhqce is requir~ by
E. ']~OR-RO'~h'.~R'S i~IGHT TO R~';tNSTATE'
~', BORRC)~tI~'S OCCUPANCY, l. Jr~ies~ Lender
Section 6 concerning Borrow,er's occupancy of ff:,e Pmpen;-'
G. A,SSiGN.,~, ~72.NW OF LEASES. Upon Lender's
Lender ;dl leases of the: Propcr?y and all s~mSW deposits
U~n !he .~sign.mam, ~mder shall have ¢~e
ex.ute new le~es, in ~def~ sole discretion_ As
"a:~bleas~C if a~e Security Instrument is on. a le~ehold.
H, ASSIGNMT_.,Nq? OF ~NTS; APPOLNTMJ~NT
authorizes Lender or ~nder's
h~z gi,,en ~on0wer notice of default pursuant to Section 2
!f ~ -nder.~,;:. . 8iv~ notice of d
Bo~ower si i. rastc~ ~or ff.e benefit of Lender orfly, to
Instmn-~em; (ii,) ~' ' .
':::.; ~.ender has agr~d in .... ;: ~ ~'~ h'~
.Ta~,y without L.~,mder's pr;mr written
~; :;ance: ¢,~ahnst r~mt loss in addition to
1.9 is dele,ted,
~!,,.,:':~,cr ot~erw:>e agree In wnraag,
:;c: dcf~u!t, Borrower shall aslgn to
~ :~...~¥a?h G, hhe word ~'leas~" ~h~][ m{:~n
;hVER; LENUDER 17'.{ POSSESSION,
l~.ndcr ..'fi', tb,e ren~s and revenue5
the Pr'opm~y ~e payable. Borrower
~:~:'.i receive ~ie Rents until: (i) Lender
%curhy ~stmment, ~.,d (ii) Lend~ has
<< Lender's agorot, ']'~is assign~t of
tcr:m,/ed by Bo~ower sb~i be held by
to dze sums s~red by th~ Security
;:~i of ~.he Rems of ff~,e Property; (iii)
3!70 1/01 '
agents upon ~T,d~'s '~Tk~ domed ~o the t~mmE O.v)
ff:e ~,pe~y a~d ~oilccting dm Ren~, inch~dmg, but
ou~er ch~ges on th¢ Property, ~d ~hen ~c, ~e sums
~:der's agents or any judicially appointed r~eiver shall be
received; ~d (vi) ~ndcr sh~I be entitled to have a receive~
the ~o.?crty ~qd collect the Rents ~.d profiz defiv~ from
ir~deq~' of fi~e Property sz ~carhy.
if the Rents of Lhe Proocrty sou not ~uffi~l,.~t to
~operty ired of collecting ~e Rents ~y ~nds expended
i=debtMness of Borrower to ~nder ~.ecured by uhe S~uAO'
So.o's, er represc, nts and w~ dqa' Bono'wet has
ira(Set this paragraph.
Lender or Lender's ag~xs or ~judici~ly appointed r~
control of or ~.imah-~ ~e Prope~y before or after giving
or ~ndcr's ag=nfs or a judiciMi~ ....o~e,,~;"*"i,...~, receiver, may.
application of Rents ~b~t not cure or waive m)' default or
~is ~s~gmmem of R:nts of ih_e Pro~y *h~l
Instrm~nt are pMd irt ~ll.
!. CROSS..DEF&t~,T PR.O~e~SION, Borro,~,~ s d=f:
,xhicb Lender has an imerest shM1 be a broth under the Sec~
the remedies pem~i~led by U~e ~ecunty ]'not,merit.
sx;d unpaid to Lcr.,der or L~ndcr's
~u' provides othe~'ise, ~I Rcmts
~xking control of and ~maging
OT, L , LJ..
take possessio~ of aE~d ma';2.gg
;tmou.. any showing as lo thc
.,_~' ta<i~g control of and rnmnaging the
. :c.; fsi' such pu~oses shall become
· ::~ ? ~rsus.r'~t to Section 9.
u~,:d any prio? assignraent of ihe R~nts
..'.'ch! i~:nder from exercising ks ~ghts
:' :-~i :-,:~t be required to enter upon, t~:e
,.,.fluff[ ts Borrower. Ho,~,ever,,~na~,~ ~- "~,
: :m:,' dine when a dei'x,ait occurs. Any
. :u ~m,; cqher right or remedy of ~i:.der.
:,:', ~h* sums seoazed by the .Security
and I.amder may invoke may' of
~¢jE, 7R (0008} Pa$~ 3 o¢ 4
Form 3~,70 1/01
FO ' d
E;ai',E; C ~ Z 8,5 ExE !
0 !
BI' SiGNiNG BELOW, Borrower ac~pts a.nd
Family Rider.
~:.~:ss a2d provisions contained in '"k
-~OFrOw{,r
(Sera.)
(Seal)
(Sea!')
(.~.e~;
~.57a (oooB~
Form 3!70 1101