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HomeMy WebLinkAbout907152 Recording requested by: "':~]~i§ Falgo Bank, N.A. ~>?Wh~[~c~rded retu~ to ~:,~?.'we~l~'~'' Fazgo Bank, N.A. ~::'Y~;~ ~;i i'~s','' M~ 5~o~ DbCOMENT '-MANAGEMENT T~i~ doctr~nt is being re~rded ~3' 8outhwcs~ TitIe Compaa~ ..-- 0162 RECEIVED 3/18/2005 at 3:43 PM RECEIVING # 907152 BOOK: 581 PAGE: ~62 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, VVY · State of Wyoming- Space Above This Line For Recording Data KEFE]~ENCE Cf: 20050323400103 ACCO~ #: 0650-650-3344538- t 998 MORTGAGE '.i;:<':'i}'i,~%i.;-~..~. (With Future Advance Clause) :ii(?l¢i!';i:{~A~ AND PARTIES. The date of this Mortgage ("Security Instrument")is 03/09/2005 ~.:i~d.the parties, their addresses and tax identification numbers, ff required, are as follows: MORTGAGOR: -"'.':VERON CA MARCHIONE, AN UNMARRIED PERSON :.:--?:;~;~ii~{: !i~ OheCked, refer to the attached Addendum incorporated heroin, for additio.ai Mortgagors their si~na~cs ad :: ~,..,. ~,..~ ~ ..': ?F.,:,-,~> ac~owledgments. 7"t:~:::'~'"~"--E~;-Wei1s' Fargo Bank, N.A · -.?:~?':'~;" 1' . P o. BOX 3~55~ B LLINGS, MT 5910~ CO~Y~C~. For ~ood ~d .~uable consideration, the receipt a~d s~cie~ of .~Jcb is ac~o~ledged, and to sec~e $c Secured Debt (deQ~cd belo.) ~d Mo~gagor's ~e~o~ancc u~der ~s Sec~ ]~s~mcm, ~od~a~or 8r~ts, bargains, ~c~s, ~o~ga~es ~d ~ants to ~ender, .ith po~cr of saic, $c ¢ollo.i~ described LOT 3 OF BLOCK ~ TO THE TOWN OF KE~ERER, LINCOLN COUNTY, WYOMING AS BESCRIBEB ON THE OFFICIAL PLAT THEREOF. ~k.?~ ~ ~t.,c*-~.~,~.,-,b"" ~ ..,,.., .... , ':;~U~:~ ~.: :.x,s' . ../~ , ...~' The property is located in L NCOLN at: -' ~-t; (County) :.i{?~;'~LB~I CEDAn, R AVENUE KEIVMERER, WY 83101 together with all rights, easements, ~;iJ?.~?~d; ParCel umber of 21161442213500 ~';:::!ii'~:~~e~i~c¢:s, :myaiti¢s,· n'dnerai rights, oH and gas rights, all water and riparian figt~ts; ditches, a~d ~ater stock and all '-;F.. ',2 ?..~,~g dud future zmprovements, structures, fixtures, and replacements that ma), now or at an), time in the future be part of the ;'i; i-:;.: '~' ~fita~ described above'(ail referred to as "Property"). 3.' ~UM OBLIGATION LIMIT. The total principal amount secured b), fids Security Instrument at an), one time shall not exceed $ 15,500· oo Ttds limitation of amount does not include interest and other fees and charges vaiidly made '~ pursuant to this Security Instrument. Also, t~s limitation does not apply to advances made under the tez~s of fids Securit7 Instrument to protect Lender's security and to perform an), of the covenants contained in t~s Security Instrument. 4. SECURED DEBT AND FUTUR~ ADVANCES. The term "Secured Debt" is defined as follows: ~; '; i:d?''' 'i~.'~ }~Debt incurred under the terms of the promissory note, revolving line of credit, contract, or other evidence of ,. debt dated 03 / 09 / 2005 together with all amendments, extensions, modifications and renewals, and having a maturity date of 03 / 09 ! 2030 B. All furore advances from Lender to Mortgagor under such evidence of debt. All future advances are secured as if made on the date of this Security Instrument. Nothing in this Security Agreement shall constitute a commitment to make i. (i -~ '~ additional or future loans or advances which exceed the amount shown in Section 3. Any such commitment must be ~i'~.~:i ,~:_'~ ' -.. agreed to in a separate writing :'!'?:~:~-:i~} ili-2-C'"~¥~All :sums advanced and expenses incurred by Lender for insuring, preserving, or otherwise protecting the Property !}~!:~i~"~i?i~}r.!}~::!':!~ ¢ and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security '~ T"~5?:':~K~NTS.~ Mortgagor agrees that all payments under the Secured Debt will be paidwhen due and in accordance with the : ' terms of the Secured Debt and this Security Instrument. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. -. . C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured -.-~-i:. :':;7_..~ .. <' l~y the lien document without Lender's prior written consent. i"ii:!"?}}'}C~S AGAINSI IIILE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, : '~,:~ ,:4 Utilities; and Other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all ',,::~-~ ?.-:. n~fices that such amounts are due and the receipts evidencing Mortgager's payment. Mortgagor will defend title to the Property :~":¥i:5.:~. ~'~ai~4~t'any claims that would impair the lien of the Security Instrument. Mortgagor agrees to assign to Lender, as requested by : ~ lender, any fights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve ,' the PrOperty.: 8. DUE ON SALE OR ENCUMBRANCE. Upon sale, transfer, hypothecation, assignment or encumbrance, whether voluntary, involuntary, or by operation of law, of all or any part of the Property or any interest therein, then at its sole option, Lender may, by written notice to Mortgagor, declare all obligations secured hereby immediately due and payable, except to the extent that - such acceleration for and in such particular c~rcumstances where exercise of such a right by Lender is prohibited by law. - .?9}?ROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good con~fion and that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of ~{?~).~:~e:!~Pf0perjty. 5 Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the ,~.';}!.,} ~{[':~pancyI and use will not' substantially change without Lender's prior written consent. Mortgagor will not permit any change ;: t(;i!:.i~-~ ~,a~;~qen~e,' restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all '5 "("~:::. O~d,.S; Proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. Lender' or "','i i- ~;~x~dek's ~gen~S 'may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property ":~' ~r~de~ Shall give Mortgagor notice at the time of or before an inspection 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 any duty or any of the covenants contained in this Security ... .. Instrument, Lender, may, without notice, perform or cause them to be performed. M,ongagor appoints Lender as attorney in fact :.:.i. i~:~-}}i't.o~ sign ~ongagor s name or pay any amou, nt necessary for performance. Lender s right to perform for Mortgagor Shall not :.:'!.'!~i)?}}~?~'.a~t~ -:ol~[!~au.'6nto perform, and. Lenders failure to perform will not reclude Lender. fro.m exercisin an of Lender .:~. ~:~ · .... :-.:~.--.. ~:. ,. - · P g y e s other i~::5~.~}~i(~$¢[,s:._under the law or this Security Instrument. If any construcUon on the ~roperty ~s discontinued or not carried on in a ..:??~}~?!?.?i'..maqn:. er, Lender may take all steps necessary to protect Lender S' Security interest in the Property, including {:~:i'i:.i~$I~G~I~NT Or' LEAsEs AND RENTS. Mortgagor irrevocably grants, b~ga~ns' conveys, mortgages and warrants to - ~x~der'ag additional security all the right, title and to any and all existing or future leases, subleases, and any other written or ' ~ ¥¢irbalI agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues and profits (all referred to as "Rents"). Mortgagor Will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, , enj~)y and use the Rents so long as Mortgagor is not in default under the terms of this Security Instrument. -.. ~... ::.:?:';! ~;¢.~l~Iortgagor, ...... agrees that this assignment is immediately effective between the parties to this Security Instrument . Mortgagor a rees -:~'i;;':(.:~} ~:~s;.'-ass]gnment iS effecnve as to third parties when Lender takes affirmative action prescribed by law, and that this i.~ ¥~:!~i~i]t'will remain in effect during any redemption period until the Secured Debt iS satisfied Mortgagor agrees that Lender :!';ii'},~-55';~j:!~e'~actual' Possession of the property without the necessity of commencing legal a~tion and that actual possession is ! '~ '~'~-:¢,.~s~ ~' v~[ee~}t°.,,,~, .~_~:~' 'occurs. when.,:Lender,.. 'or ~ts. agent, notifies Mortgagor of default and demands; . that .any tenant pay all future Rents ': ;~ "~-'~ ~ectly to Lender On rece~wng notme of default, Mortgagor will endorse and delia, er to Lender an a ent of Rent in -, ...... yp s -: ~,. ~Ortgagor s possession and will receive any Rents m trust for Lender and w~ll not coimmngle the Rents with any other funds. 5i? ~J' ?m6unts 'collected will be applied as provided in this Security Instrument. Mortgagor warrants that no default exists under · EQlS0B, (10/ :.' ,j i2 ~)~: .!~ ~ ' .Y PP _ . g g gr ' '~ q tiny tenant to comPly with the :q:~-,.~: ,~-ofthe'Eeases and apphcable law. : · -~ ' - .;i~--(I~.~i!~EA2fiEIIOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS;' Mortgagor agrees to comply with the '{ ~'~Vi;~'~ons~ of may lease if this Se,c,,~ur~,'ty !nstmment is on a leasehold. If ihe property 'is a 'unit in a Condominium Project or is part ' 6~ Plaimed uhit Development ( PUD' ), Mortgagor agrees to the folloWing: :¢:-x * :A. Obligations. Mortgagor shall perform all of Mortgagor's obligations under the Constituent Documents. The ' ~"Consfituent Documents" are the: (i) Declaration or any other docmnent which creates the Condominium Projects or PUD and 'i(( any homeowners association or equivalent entity ("Owners Association"); (ii) by-laws; (iii) code of regulations; and (iv) other : i.¢:}:~i~i:~ ~ui,~alenr documents. Mortgagor shall prompfly pay, when due all dues and assessments imposed pursuant to the Constituent '7..t:"~? 'Documents. ~ ' '.~ ~ : ' m~a~d Insurance. So long as the Owners Association maintains, with a generally accepted insurance ~earfier, a :;' · r " " ....... ' - ,/:maste or blanket pohcy on the Condonunmm ProJect or PUD which ~s saUsfactory to Lender and which promdes ~nsurance -S/cr, zer~ge in the amounts, for the periods, and against the hazards Lender requires, including fire and hazards included within ~ the term extended coverage,' then Mortgagor s obligation under Section 19 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owner's Association policy. Mortgagor shall give Lender prompt notice of any lapse in required hazard insurance coverage. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to Property, whether to the unit or to common elements, any proceeds payable to Mortgagor are hereby assigned and shall be paid to 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 insurance for the life of the Secured Debt which is acceptable, · ':-;;:,¢:~¢.;~t0:form, mount and extent of coverage to Lender. ::?~:?:"i¢: ii~-?ii:~'-1). ';' Public Liability Insurance. Mortgagor shall take such actions as my.be reasonable to insure that the Owners ;:'?~}':"' ~$10dafion maintains a Public liability insurance policy acceptable in form, amouht, add extent of coverage to Lender. .,:} ~';;i.:~ ?~: }:~,. :.~,. ~ .:g.:-; '~'C°~idemnati°n::: ..... The proceeds, of any award, or claim for dama. ges, direct., or consequential, payable to Mort gag or in -' c_gnneCtton w~th 'any condemnatton or other taking of all or any part of the Property, whether of the unit or of the common 6]~:me'nts}' or foi~ 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 by the Security Instrument as provided in Section 18. · F. Lender's Prior Consent. Mortgagor shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the Condominium Project or Q .PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in ~i:ii::~,e:.?S~. Of a_taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if .i~'?'?::~:~]'~g~7°~i~mi/ i~f°~ the express benefit of Lender; (iff) terminaUon of professmnaFmanagement and assumption of self !?}i~'~:i:;~:(:::i~ein~nt by the Owners Association; or (iv) any action which would have the effect of rendering the ublic liabili ' ~::i? f~'~i~e ~b;vemge maintained by the Owners Association unacceptable to'Lender.' ): ' ' '~ p . ty i,'.7:.,;:1'i?ii! ~;G].'. Remddies: IfMrrtgag0r does not pay condominium or PUD dues and assessments when due, then Lender may pay ~ ~e~i !'ANY' amounts disbursed by Lender under this section shall become additional d~bi' of Mortgagor secured by this Security [h~_[rii.h!ent. unless Mortgagor and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Secured Debt rate and shall be payable, with interest, upon notice from Lender to Mortgagor requesting paymrnt. 13. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for ,..}~"}~:i the p _urpo~e ~f creating, securing or guarantying the Secured Debt A good faith belief by Lender that Lender at any time is '::i?i?¢~?i.~c~ wilt' fespedt t° any person or entity obligated on the Secured Debt or that the prospect of any oavment or the value of -.?54~:e.~.:!~r~0Pe.:~. ~s. jmpmred shall also consUtute an event of default. . ::,~.(fl~4;~MEDIES ON DEFAULT/ In some instances, federal and state law Will require Lender m Provide Mortgagor with notice of '~:._:_~':~: ,~'}~ngh! [o cure or other nolaces and may estabhsh nme schedules for foreclosure.actions. Subject to these limitations, if any, ~ ~nd~r may"acCelerate the Secured Debt and foreclose this Security Instniment in a m~mer provided by law if Mortgagor is in d~faultl ' XI ~h~ Option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately ~lhe: afld payable, after gtwng notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entifled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any r~lated documents, including without limitation, the power to sell the Property. All remedies are distinct, cumulative and not ':";' {~C;J~$}iye};. and; the Lender is enfifled to all remedies provided at law or equity, whether or not expressly set forth. The :~-~'~¢~;';!iF ~l~"e'b~-~fid~r' of anY sum in payment or partial payment on the' Secured Debt after the balance is due or is accelerated or ::::;~,-~:,~,,~.,iffifir.foreClosure:. ~. ~ .: ..... proceedings are filed shall not constitute a wmver of Lender's rifiht to reouire, comnlete enre. of any ~ei~ino "~" ':~" ~!~: ? By !~ot exercising any remedy on Mortgagor's default, Lender does not wai'¢~ Lender's right tO later consider the event :~:' ~% ~f&hlt if'if coi/tinUes or hal3pens again EQ 1_50C (ip/~o93) 5?;;¥' ·-,' 1~ ~]~?N. SES;.ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by ":;:?'%'- .,w:.-., ...,,.,:~?~,:~:'~/q~di~g~'~r'.~.~ ~, . .,...·agrees. to pay all of Lender's expenses if Mortgagor breaches an'y covenant . in this Secun'ty Instrument. '*':**" ~}~gqr :~1! al~o pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise Protecting '. 7:;.X. ':i~¢?~0pe ~rty' and Lender's security interest These expenses Will bear interest from the date of the a ent until i '""';'~*' ..... ~;.,., ...... :, . _ :., .-. . · pym pa d m full at ""'~:""* ~:-higl!e~st interest rate in effect as provided in the terms of the Secured Debt Mortgagor agrees to pay all costs and ex enses ncurred., by Lender m collecting, enforcing or protecting Lenders' rights and remedids under this Security' Instrument. This' arhount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This amount does not include '~ iifforn~ys'~ fees for a salaried employee of the Lender. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, : without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et i..(-~i:I ~i)~ 'and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive :?.i.~_:!~gr~ C0nCeming the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means , '-~/-}~ ~'~0xic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the · ]"!'i)~. ~$~cedangerous or potentially d_an,,g, erous to the public ,h,e,~th, safety, welfa[,,e,~r environment ,?he ,t, erm includes, Withou, t, :;"-:: ~? ~i'~thiion, any substances defined as hazardous material, toxic substances, hazardous waste or hazardous substance under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing 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 recognized to be appropriate for the normal use and maintenance of the Property · i i;}~' ~31~, .~::~,?.xcept as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been are, and _:: .~!!..!:?!~. ;~! ,;q} 2:,S~MII,. emron in full comphance uath any apphcable Enwronmental Law. -'. ~';~.:~, ;!~..~!j!~i~: '?~;~k~:?:.~'~:~',.'::~ C/Moi~ghg0i;:.; ,. shall., immediately notify' Lender ff a release or threatened release 'of a Hazardous Substance occurs on, under +, .'*- > -C,.' ,~,,::..~i; ;"or ·about the Property or there is a violation of any Environmental Law ~Ohceming the Property. In such.~in event, ' {i':i i~:;~;· ~i? i: ('i{'~'M. °-rtgag0r Shall take 'all necessary remedial action in accordance with any Environmental Law. ' ' ..... ' ~i)~', '-. -': Mortgagor shall immediately notify Lender in wnnng as soon as Mortgagor has reason to believe there is any pending ?i.;..: ~' or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous . Substance or the violation of any Environmental Law. 17. '~oNDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public 6ntities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor' name in any of the above described actions or claims. Mortgagor assigns to ' ~5 Eender the proceeds of any award or claim for damages connected With a condemnation or other talcing of all or any pan of the · ~ ?7?.-.':-~qperty:C SaC proceeds shall be considered payments and will be applied as provided in this Security Instrument This ' :!'i-:~ ,¢.!;~.~!~ent.of~ proceeds ~s subject to the terms of any prior mortgage, deed of trust, Security agreement or other lien document. · ~ ;';(18.:}~SURA~CE. Mortgago~ shall keep Property insured against loss by fire, flood, :theft and 6ther hazards and risks reasonabl · ',:~: ,~. '*~-'~* '~soma!~d***_,~., .-,: ::-.' w~th. the.: Property due to ~ts type and locaUon. This insurance shall be maintained, in the amounts and for the _oenods' · :' ~- ~t E~n~r reqmres. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, . ~'Ch" shall not be unreasonably Withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's : tSl~tlonl obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. Ail' insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where ,applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the ~nsurance. .... Lender shall have the right to hold the policies and renewals If Lender requires, Mortgagor shall immediately give to Lender ' .-~)!~ ~/1i receipts of paid premiums and renewal notices Upon loss, Mortgagor shall give immediate notice to the insurance carrier i'~;:i'-:}i, ili~ ~d; L~n.d~? i]Lender may make proof of loss ff not made immediately bY Mortgagor ~i: .¢: ~:"~i :~ifle~so~6~Sh agi'eed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the . ..i~' ~ }i? :~}~fed D,~bt; ~(hether Or not then due, at Lender's option. Any application'of proc6eds to principal shall not extend or'postpOne :W' ~ 2 fla~'due.date"of~the scheduleffPayment nor, change the amount of any payment Aiiy' excess Will be paid to Mongag0]:. If the i:i"'i ~:!! P?oper~':~ ~6qUired by Lehder, Mortgagor s right to any insurance policies and pi-6ceeds ?esulfing from damage to the Property before rite 'acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 19. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided 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 DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any ' ..~ additional documents or certifications that Lender ,may consider necessary to perfect, continue and preserve Mortgagor's ;~'~.'~ !~-.::~} ..~g~iii°iis unddr this Security Instrument and Lender s lien status on the Property. ' ' 'i !~[i~,;~2!'-~D INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND' ASSIGNS BOUND. All duties under this ":, .(: }.:i~~ :~ty hiSt~ent are joint and individual If Mortgagor signs this Security InstrUment Uui does not si n an evidence of debt Mortgagor Date Mortgagor ' Date Mortgagor Date Mortgagor Date Mortgagor Date ooo?i. a .... 016 6 Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor Or any' ~arty indebted under the obligation These rights may include, but are not limited to, any anti-deficiency or one-action ~.(-!~'~i;i~ ~_,.-; ii~i;~?l$16rtgai~0r agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the -~...:?.,.i, .tenns~of~thiS Security Instrument or any evidence of debt without 'Mortgagor's co~ent." Such a change will not release :.~z~ ~t~agm: fr0m. the terms of this Security Instrument. The duties and benefits of thig SecuritY Insmanent shall bind and benefit ;i:~., ~-'Sui;ceSsors and assigns of Mortgagor and Lender. ~?~. ~PLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the UriSdiction in which the Property is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended of modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations b'y written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and ~;~ will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the -ii'i::~!:'~i:aral'and the plural the singular. The captions and headings of the'sections of this Security Instrument are for convenience ?'(:-!{/~'"!~3.ia'nd are n~t to be used to interpret or define the terms of this Security Instrument. Time is of the essence ~n this Security '}!. 2~. NOTICE; Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the -~ appropriate party's address on page 1 of this Security Instrument. or as shown in Lender's records, or to any other address designated in writing. 24. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right regarding the marshalling of liens and assets, and hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this state. 25. OTHER TERMS. If checked, the following are applicable to this Security Instrument: ~ .'. i-X-] Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be ":.~' :il}/.'~ . redt!ced !o a zero balance, this Security Instrument will remaih in effect until released "; ~ ,",<¢!, ' ' t .......... '. . - " ci.i':,,' ~}} ~ )-:90ns.tructmn Loan. This Security Instrument secures an obhgatmn incurred for the construction of an improvement :WF:!'; ;.;.*.;/:';,)'?'' :;'_ "0ri:ilia'Property ' ,>5/"'~. *~}i'~ :F~xture Filing. Mortgagor grants to Lender a security interest in all 'goo'd~ that MOrtgagor owns now or in the future '*;; }! :;?' '¢~i..); ';i;i, (:?r~d that are or:will become fixtures relates to the PrOperty. This SecUrity Instrument suffices as a financing statement '.;:;~: ¢i, :'~. :' and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. :' ;:'?.i '~/X--l' Additional Terms. 26.' RIDERS. If checked, the following are applicable to this Security Instrument. The covenants and agreements of each of the , ~iders checked below are incorporated into and supplement and amend the terms of this Security Instrument. ~ Third Party Rider ' 01 ::'.:~;~' ~. ~gasehold Rider ;!:!;!~~Si':"B~, Signi~3g below, Mortgagor agrees to the terms and covenants contained in this Security Instrument and in any i;.:??X:.~i~e~ent~s, l~Ior/gagor also acknowledges receipt of a copy of this Security Instru~6nt on the date stated on a e 1 '~ f~?/i.:!~(') ,, L:.,. ,· : .~i: (.: i :~i'(~/qQC(~' ("/""/~'/~( ' ~'~ t/t,* /','~/~/t/2// /~ ' ':' ~/~/<9~ /~ / 1:~u ,.,.VEiRON'tC:A M~.RCH I ONE z 7' - -- .. _ -/../~_ ~ . ,,:' ,c~ - zvzortgagor /,~/'/~ Dam 'AC~IOWLEDGMENT: 4i ~ (~di,vidual) · I ~":~:'.~?~iggbgi' ini~ent was ac~owledged before me by ' '~s: ' ~' day of 0167 Wi~ess my hand and official seal. ) (Seal) ACKNOWLEDGMENT: (Individual) ,S. TA, TE OF }~otegoing instrument was acknowledged before me by thi~:ilt5 ~ !':¢,.:.:, .. day of wimess my h~d and offici~ se~. (Signature of Officer) (Seal)