Tanner Roney 525 Washington St Jo,
ELECTRONICALLY FILED
2024 Apr 01 AM 8:34
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA-2024-CV-000069
PII COMPLIANT
IN THE 28th JUDICIAL DISTRICT
DISTRICT COURT OF SALINE COUNTY, KANSAS
Lyons Federal Bank, )
Plaintiff, )
V ) Case No. SA-2024-CV-000069
Tanner Roney et. al., )
Defendant. )
Defendant's Name and Address:
Ci. of Salina, Kansas
c/o Nikki Coding, City Clerk
300 W. Ash
Salina, KS 67401
Proceeding Pursuant to K.S.A. Chapter 60
SUMMONS
To: City of Salina, Kansas
(Defendant's name)
A civil lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you
received it), you must serve on the plaintiff an answer to the attached petition or a motion
under K.S.A. 60-212. Under Kansas Supreme Court Rule 113, you may seek from the
clerk of the court an extension of up to 14 additional days to serve and to file an answer
ora K.S.A. 60-212 motion.
If you fail within 21 days to serve and to file an answer or a K.S.A. 60-212 motion or
obtain a Rule 113 extension, the court may enter default judgment against you for the relief
1
Rev 12/2022 KSJC
demanded in the petition. If you were served outside of Kansas, however, the court may
not enter default judgment against you until at least 30 days after service of this summons.
The answer or K.S.A. 60-212 motion must be served on the plaintiffs attorney, or
the plaintiff if plaintiff has no attorney, at the following address:
Todd W Davidson
(Attorney's name or Plaintiff's name)
119 West Iron, 10th Floor
P.O. Box 1247
Salina, KS 67401
(Attorney's address or Plaintiffs address)
You also must file your answer or K.S.A. 60-212 motion with the court.
When you file an answer, you must state as a counterclaim(s) any related claim(s)
that you may have against the plaintiff. If you fail to do so, you will thereafter be barred
from making such claim(s) in any other action.
S —fit
Clerk of the District Court.
By Terri Clarkson
Clerk or Deputy
Documents to be served with the Summons
PLE: Petition Petition
2
Rev 12/2022 KSJC
ELECTRONICALLY FILED
2024 Apr 01 AM 8:34
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA-2024-CV-000069
PII COMPLIANT
HAMPTON&ROYCE,L.C.
United Building,Ninth Floor
119 West Iron Avenue
P.O.Box 1247
Salina,Kansas 67402-1247
(785)827-7251
(785)827-2815-Facsimile
IN THE DISTRICT COURT OF SALINE COUNTY,KANSAS
LYONS FEDERAL BANK, )
Plaintiff, )
)
vs. ) Case No. SA 2024-CV-
)
)
TANNER L. RONEY,a/lc/a TANNER RONEY; )
FEDERAL HOME LOAN BANK OF TOPEKA;and )
CITY OF SALINA,KANSAS, )
)
Defendants. )
)
(Proceedings Pursuant to K.S.A.Chapter 60)
PETITION
COMES NOW,Plaintiff,Lyons Federal Bank,by and through its attorneys,Todd Davidson
and Lindsay M. McQuinn, of Hampton & Royce, L.C., and for its cause of action against
Defendants, states and alleges as follows:
Parties
1. Defendant Tanner L. Roney, a/k/a Tanner Roney, may be served with process by
mailing a copy of the Summons and Petition by certified mail, return receipt requested, to-wit:
Tanner L.Roney, 525 Washington Street, Salina,Kansas 67401.
2. Defendant City of Salina,Kansas,may be served with process by mailing a copy of
the Summons and Petition by certified mail,return receipt requested,to the City Clerk to-wit:City of
Salina,Kansas c/o Nikki Goding,City Clerk,300 W.Ash St.,Room 206,Salina,Kansas 67401.
3. Defendant Federal Home Loan Bank of Topeka may be served with process by
mailing a copy of the Summons and Petition by certified mail,return receipt requested, to-wit:
Federal Home Loan Bank of Topeka,500 SW Wanamaker Road,Topeka,Kansas 66606
Background
4. On or about July 19, 2019, Tanner L. Roney made, executed and delivered to
The Mortgage Company a Note in the principal amount of$56,842.00, together with interest,in
accordance with the terms of said Note. A full,true and correct copy of said Note is attached hereto
as Exhibit"A" and by reference made a part hereof.
5. As security for repayment of the debt evidenced by the above-described Note,on or
about July 19,2019,Tanner L.Roney executed and delivered to The Mortgage Company a Mortgage
covering the following described real estate,to-wit:
The North One Hundred feet(100')of the East Seven feet(7')of Lot Thirty-one(31)
and the North One Hundred feet (100') of Lot Thirty-two (32), Block Six (6),
Morrison's Third Addition to the City of Salina, Saline County, Kansas(Property
Address: 525 Washington Street, Salina,Kansas 67401).
A full,true and correct copy of said Mortgage is attached hereto as Exhibit"B" and by reference
made a part hereof.
6. The Mortgage Company perfected the above-described Mortgage by recording the
same on July 19, 2019, in the office of the Register of Deeds of Saline County, Kansas, in
Book 1358,at Page 1972.
7. By virtue of an Assignment of Note and Mortgage,dated July 19,2019,and recorded
with the Register of Deeds of Saline County,Kansas,on July 19,2019,in Book 1358 at Page 1986,
The Mortgage Company assigned and transferred the above-described Mortgage and the above-
described Note,together with the money to become due thereon with interest provided therein,to
-2-
Lyons Federal Bank. A full,true and correct copy of said Assignment of Note and Mortgage is
attached hereto as Exhibit"C"and by reference made a part hereof.
8. Lyons Federal Bank is the lawful owner and holder of the above-described Note and
Mortgage.
9. Defendant Federal Home Loan Bank of Topeka may claim an interest in the above-
described real estate by virtue of a Real Estate Retention Agreement recorded on July 19,2019,in
the office of the Register of Deeds of Saline County, Kansas, in Book 1358, at Page 1988. The
interest or claim of said Defendant to the subject real estate is junior,inferior,and subordinate to the
interest and claim of Lyons Federal Bank.
10. Defendant City of Salina,Kansas,may claim an interest in the above-described real
estate by virtue of two Notices of Pending Assessments,recorded with the Register of Deeds of
Saline County, Kansas, on June 7, 2023, in Book 1426 at Page 521, and on August 8, 2023, in
Book 1429 at Page 306. The interest or claim of said Defendant to the subject real estate is junior,
inferior,and subordinate to the interest and claim of Lyons Federal Bank.
Indebtedness
11. As of March 19,2024,there remains due and owing to Lyons Federal Bank on said
Note and Mortgage the sum of$54,464.64,plus per diem interest from and after March 19,2024,
at the rate of$6.3322 per day; accrued and accruing late charges; costs of this action; Plaintiff's
reasonable attorney fees and expenses;and any negative escrow account balance.
12. Defendant Tanner L.Roney is in default under the terms and provisions of said Note
and Mortgage,and the amounts set forth above are due and owing.
13. Lyons Federal Bank previously made demand for payment,but Tanner L.Roney has
failed and refused to pay Lyons Federal Bank the amounts owed.
-3-
14. The Mortgage dated July 19, 2019, constitutes a first and prior lien in favor of
Lyons Federal Bank on the above-described real estate.
15. Lyons Federal Bank is entitled to foreclose its Mortgage on said real estate.
WHEREFORE, Plaintiff prays that the Court enter a judgment in its favor and against
Defendant Tanner L.Roney in the aggregate amount of$54,464.64,plus per diem interest from and
after March 19,2024,at the rate of$6.3322 per day until fully paid;for late charges due under the
terms of the Note and Mortgage;for costs of this action; for any negative escrow account balance
and any sums which Lyons Federal Bank has advanced and may hereafter advance under the terms
of said Mortgage; for Lyons Federal Bank's reasonable attorneys fees and expenses; and that
Lyons Federal Bank's Mortgage on the real property described herein be adjudged to be a first and
prior Mortgage on said real estate.
That the Mortgage described be foreclosed and the real estate described herein be sold and
the proceeds be applied FIRST,to the costs of the sale and of this action;SECOND,to any unpaid
real property taxes identifiable to said real estate;THIRD,to Lyons Federal Bank in satisfaction of
its judgment; FOURTH, the remainder, if any, to be paid to the Clerk of the Court to await the
further order of this Court;and that the Court award such other and further relief as it deems just and
equitable.
-4-
DATEDl (r A-p r!
this day of Ivlarch;2024.
Todd Davidson(No. 18956)and
Lindsay M.McQuinn(No.30173),of
HAMPTON&ROYCE,L.C.
United Building,Ninth Floor
119 West Iron Avenue
P.O.Box 1247
Salina,Kansas 67402-1247
(785)827-7251 -Telephone
(785)827-2815 -Telecopier
Attorneys for Plaintiff
VERIFICATION
STATE OF KANSAS )
)ss:
COUNTY OF RICE )
Kevin McClure,of lawful age,being first duly sworn,states that he is the CEO and Chairman
of the Board of Lyons Federal Bank,which is the Plaintiff in the above-entitled action;that he has
read the foregoing Petition;that he personally .tows the contents thereof;and that the same is true
to his knowledge.
hi&
Kevin Mc. ._e W
SUBSCRIBED AND SWORN TO before me, this Zq day of March, 2024, by Kevin
McClure.
gnu
Notary Public
My Appointment Expires:
KENNYAARNOLD
111.1PNotary lr.s rZ_if f
Myllppt Enpirss
, '
FHLMC LN #743458060
Loan Number:1019040806
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NOTE
July 19,2019 Salina,KANSAS
525 Washington St
Salina,KANSAS 67401
(Property Address)
1.BORROWER'S PROMISE TO PAY
In return for a loan that I have received,I promise to pay U.S.$56,842.00(this amount is called"Principal"),plus interest,to the
order of the Lender.The Lender is The Mortgage Company. I will make all payments under this Note in the form of cash,check or
money order.
I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to
receive payments under this Note is called the"Note Holder."
2.INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid.I will pay interest at a yearly rate of
4.375%.
The interest rate required by this Section 2 is the rate I will pay boils before and after any default described in Section 6(B)of this
Note.
3.PAYMENTS
(A)Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on September 1,2019.I will make these payments every
month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each
monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal.If,on August 1,2049,I still
owe amounts under this Note,I will pay those amounts in full on that date,which is called the"Maturity Date."
I will make my monthly payments at
The Mortgage Company
155 N.7th St,P.O.Box 3527
Salina,KANSAS 67402-3527
or at a different place if required by the Note Holder.
(B)Amount of Monthly Payments
My monthly payment will be in the amount of U.S.$283.80.
4.BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
"Prepayment."When I make a Prepayment,I will tell the Note Holder in writing that I am doing so.I may not designate a payment as a
Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note.However,the Note Holder may apply my Prepayment to the
accrued and unpaid interest on the Prepayment amount,before applying my Prepayment to reduce the Principal amount of the Note.If I
make a partial Prepayment,there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder
agrees in writing to those changes.
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01
Page 1of3
IDS.Inc.-31956 Borrower(s)Initials
EXHIBIT
A
Loan Number: 1019040806
5.LOAN CHARGES
If a law,which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan
charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be
reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from me which exceeded
permitted limits will be refunded to me.The Note Holder may choose to make this refund by reducing the Principal I owe under this Note
or by making a direct payment to me.If a refund reduces Principal,the reduction will be treated as a partial Prepayment.
6.BORROWER'S FAILURE TO PAY AS REQUIRED
(A)Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it
is due,I will pay a late charge to the Note Holder.The amount of the charge will be 5.000%of my overdue payment of principal and
interest.I will pay this late charge promptly but only once on each late payment.
(B)Default
If I do not pay the full amount of each monthly payment on the date it is due,I will be in default.
(C)Notice of Default
If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date,
the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on
that amount.That date must be at least 30 days after the date on which the notice is mailed tome or delivered by other means.
(D)No Waiver By Note Holder
Even if,at a time when I am in default,the Note Holder does not require me to pay immediately in full as described above,the Note
Holder will still have the right to do so if I am in default at a later time.
(E)Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back
by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.Those expenses include,for
example,reasonable attorneys'fees.
7.GIVING OF NOTICES
Unless applicable law requires a different method,any notice that must be given to me under this Note will be given by delivering it
or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my
different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to
the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address.
8.OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note,
including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser of this Note is also obligated to do
these things.Any person who takes over these obligations,including the obligations of a guarantor,surety or endorser of this Note,is also
obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person
individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed under this Note.
9.WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor."Presentment"
means the right to require the Note Holder to demand payment of amounts due."Notice of Dishonor"means the right to require the Note
Holder to give notice to other persons that amounts due have not been paid.
10.UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. in addition to the protections given to the Note
Holder under this Note,a Mortgage, Deed of Trust, or Security Deed (the"Security Instrument"), dated the same date as this Note,
protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note.That Security
Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this
Note.Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person
and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01
Page 2 of 3 .�
IDS,Inc.-31956 Borrower(s)Initials
•
Loan Number:1019040806
immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by
Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not
less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums
secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke
any remedies permitted by this Security Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED.
(Seal) (Seal)
Tanner L Roney -Borrower -Borrower
(Sign Original Only)
Loan originator(Organization):The Mortgage Company;NMLS#:270347
Loan originator(Individual):Madison A.Miles;NMLS#:1530057
Pay to the order of Lyons Federal Bank
Without Recourse this 19th day of July,2019.
The Mortgage .ompany
By: %► )
Larry S.Cur +
Its: President
PAY TO THE ORDER OF
WITHOUT RECOURSE
DATED THIS DAY OF
LYONS F DERAL HANK
• ` r rh er ri 0±1-.l( 1.nPcbC4 SOV
BRITTANI BENNETT, LOAN PROCESSOR
,AVU NQS VQ
noo is.noHs.
�I• .Marton 101.;va
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01
Page 3 of 3
IDS.Inc.-31956
:#ew3
1
I
3 IIIII111111111111111111 111,_ R11E11B111E11C111C11 AIIIIISIIEI EIMillA11 l N111
1111 LIII
' 60fi9 Syl
lea-11SL.N9:6 f� i::::?";.?•REGISTER OF DEEDS SALINE COUNTY
TY KANSAS
;;Book: 1358 Page: 1972-1985
3N1'8301A2I9S 31111 GNVI �
Receipt #: 123985GN1 Recording Fee: $242.00
Pages Recorded:14 Mortgage Amount: $56,842.00
Date Recorded: 7/19/2019 4:22:06 PM
WHEN RECORDED,MAIL TO:
The Mortgage Company
155 N.7th St,P.O.Box 3527
Salina,KANSAS 67402-3527
This instrument was prepared by:
The Mortgage Company
155 N.7th St,P.O.Box 3527
Salina,KANSAS 67402-3527
888-261-5626
(Space Above This Line For Recording Data)
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18,20 and 21.Certain rules regarding the usage of words used in this document are also
provided in Section 16.
(A) "Security Instrument"means this document,which is dated July 19,2019 together with all Riders to
this document.
(B) "Borrower" is Tanner L Roney, a single man. Borrower is the mortgagor under this Security
Instrument.
(C) "Lender" is The Mortgage Company
organized and existing under the laws of Kansas.
Lender's address is 155 N.7th St,P.O.Box 3527,Salina,KANSAS 67402-3527.Lender is the mortgagee
under this Security Instrument.
KANSAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3017 1/01
Page 1 of 14
IDS.Inc.-s1s2s Borrower(s)Initials
EXHIBIT
B
•
. wok 1358 Page: 1973
(D) "Note" means the promissory note signed by Borrower and dated July 19,2019.The Note states that
Borrower owes Lender FIFTY-SIX THOUSAND EIGHT HUNDRED FORTY-TWO AND NO/100
Dollars (U.S. $56,842.00) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than August 1,2049.
(E) "Property" means the property that is described below under the heading"Transfer of Rights in the
Property."
(F) "Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges
due under the Note,and all sums due under this Security Instrument,plus interest.
(G)"Riders" means all Riders to this Security Instrument that are executed by Borrower.The following
Riders are to be executed by Borrower(check box as applicable):
❑ Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider
❑ Balloon Rider 0 Planned Unit Development Rider 0 VA Rider
❑ 1-4 Family Rider 0 Biweekly Payment Rider
❑ Other(Specify)
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final,
non-appealable judicial opinions.
(I)"Community Association Dues,Fees,and Assessments"means all dues,fees,assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument,computer,or magnetic tape so as to order,instruct,or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5)for:
(i)damage to, or destruction of, the Property; (ii)condemnation or other taking of all or any part of the
Property; (iii)conveyance in lieu of condemnation; or(iv)misrepresentations of, or omissions as to,the
value and/or condition of the Property.
(M)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,
the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for(i)principal and interest under
the Note,plus (ii)any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its
implementing regulation,Regulation X(12 C.F.R.Part 1024),as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter.As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
KANSAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3017 1/01
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IDS,Ire.-31626 Borrower(s)Initials
Ezak 1352 5 Page: 13 X7'4
"federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"
under RESPA.
(P)"Successor in Interest of Borrower" means any party that has taken title to the Property,whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender:(i)the repayment of the Loan,and all renewals,extensions
and modifications of the Note;and(ii)the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower mortgages and warrants to Lender and
Lender's successors and assigns the following described property located in the County of Saline:
The North One Hundred feet(100')of the East Seven feet(7')of Lot Thirty-one(31)and the
North One Hundred feet(100')of Lot Thirty-two(32),Block Six(6),Morrison's Third
Addition to the City of Salina,Saline County,Kansas
Parcel ID Number:07532
which currently has the address of: 525 Washington St
Salina,KANSAS 67401 ("Property Address").
TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall
also be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as
the"Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands,subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency.However,if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms,as selected
by Lender:(a)cash; (b)money order;(c)certified check,bank check,treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality,or entity;or(d)Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
KANSAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3017 1/01
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los,Inc.-31626 Borrower(s)Initials >
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elc 1368 Pre gea gays
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future,but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds.Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current.If Borrower does not do so within a reasonable period of time,Lender shall either apply
such funds or return them to Borrower.If not applied earlier,such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a)interest
due under the Note; (b)principal due under the Note; (c)amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument,and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be
paid in full.To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments,such excess may be applied to any late charges due.Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments.
3.Funds for Escrow Items.Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for:
(a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien
or encumbrance on the Property; (b)leasehold payments or ground rents on the Property, if any;
(c)premiums for any and all insurance required by Lender under Section 5; and(d)Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item.Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time.Any such waiver may only be in
writing.In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts due
for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires,shall
furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be
a covenant and agreement contained in this Security Instrument,as the phrase"covenant and agreement"is
used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
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Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and,upon such revocation,Borrower shall pay to Lender all Funds,and in such
amounts,that are then required under this Section 3.
Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instnirnentality,or entity(including Lender,if Lender is an institution whose deposits are so insured)or in
any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually
analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA.If there is a shortage of Funds held in escrow,as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12
monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall
notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA,but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrment,Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument,leasehold payments or
ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any.To
the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement;(b)contests the lien in good faith
by,or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument,Lender may give Borrower a notice identifying the
lien.Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
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5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term"extended coverage," and any
other hazards including,but not limited to,earthquakes and floods,for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels)and for the periods that
Lender requires.What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice,which right shall not be exercised unreasonably.Lender may require
Borrower to pay,in connection with this Loan,either:(a)a one-time charge for flood zone determination,
certification and tracking services;or(b)a one-time charge for flood zone determination and certification
services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such determination or certification. Borrower shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage.Therefore,such coverage shall cover Lender,but might or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained.Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrment.These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee.Lender shall have the right to hold the policies and renewal
certificates. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices.If Borrower obtains any form of insurance coverage,not otherwise required by Lender,for
damage to,or destruction of,the Property,such policy shall include a standard mortgage clause and shall
name Lender as mortgagee and/or as an additional loss payee.
In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing,any insurance proceeds,whether or not the underlying insurance was required by Lender,shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period,Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds,Lender shall not be required to pay Borrower any
interest or earnings on such proceeds.Fees for public adjusters,or other third parties,retained by Borrower
shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the
excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
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If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim
and related matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a)Borrower's rights to any insurance proceeds in an
amount not to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of
Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all
insurance policies covering the Property, insofar as such rights are applicable to the coverage of the
Property.Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts
unpaid under the Note or this Security Instrument,whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy,damage or impair the Property,allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to
prevent the Property from deteriorating or decreasing in value due to its condition.Unless it is determined
pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair
the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds
are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for
repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may
disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as
the work is completed.If the insurance or condemnation proceeds are not sufficient to repair or restore the
Property,Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause,Lender may inspect the interior of the improvements on the Property.Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8.Borrower's Loan Application.Borrower shall be in default if,during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false,misleading,or inaccurate information or statements to Lender(or failed to
provide Lender with material information)in connection with the Loan.Material representations include,
but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's
principal residence.
9.Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If
(a)Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c)Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property,and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a)paying any sums secured by a lien
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which has priority over this Security Instrument; (b)appearing in court; and (c)paying reasonable
attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument,including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs,change locks,replace or board up doors and windows,drain water
from pipes, eliminate building or other code violations or dangerous conditions,and have utilities turned
on or off.Although Lender may take action under this Section 9,Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease.
If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10.Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not
available,Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-
refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required
Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately
designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums
required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until
Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between
Borrower and Lender providing for such termination or until termination is required by Applicable Law.
Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to
these agreements.These agreements may require the mortgage insurer to make payments using any source
of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage
Insurance premiums).
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As a result of these agreements,Lender,any purchaser of the Note,another insurer,any reinsurer,any
other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive
from(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange
for sharing or modifying the mortgage insurer's risk,or reducing losses.If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer,the arrangement is often termed"captive reinsurance."Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance,or any other terms of the Loan.Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has—if any—with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance,to have the Mortgage Insurance terminated automatically,and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property,if the restoration or repair is economically feasible and Lender's security is not lessened.During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs
and restoration in a single disbursement or in a series of progress payments as the work is completed.
Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would
be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due,with the excess, if ally,paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,
if any,paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking,destruction,or loss in value divided by(b)the fair market value of the Property immediately
before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
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e: 1982
If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing
Party(as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower
fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect
and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured
by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes
Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to
Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding,whether civil or criminal, is begun that,in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and,if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied
in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the original
Borrower or any Successors in Interest of Borrower.Any forbearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons, entities or
Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or
preclude the exercise of any right or remedy.
13.Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several.However,any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this
Security Instrument only to mortgage,grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the co-
signer's consent.
Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20)and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument,including,but not limited to,attorneys'fees,property inspection and valuation fees.In
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regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15.Notices.All notices given by Borrower or Lender in connection with this Security Instrument must
be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have
been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address.If Lender specifies a procedure for reporting Borrower's change of
address,then Borrower shall only report a change of address through that specified procedure.There may
be only one designated notice address under this Security Instrument at any one time.Any notice to Lender
shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless
Lender has designated another address by notice to Borrower.Any notice in connection with this Security
Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any
notice required by this Security Instrument is also required under Applicable Law, the Applicable Law
requirement will satisfy the corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law.Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent,but such silence shall not be construed as a prohibition against agreement by contract.In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a)words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b)words in the singular shall mean and
include the plural and vice versa; and(c)the word"may" gives sole discretion without any obligation to
take any action.
17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property"means any legal or beneficial interest in the Property,including,but not limited
to,those beneficial interests transferred in a bond for deed,contract for deed, installment sales contract or
escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser.
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If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrment. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of: (a) five days before sale of the Property pursuant to Section 22 of this Security
Instrument;(b)such other period as Applicable Law might specify for the termination of Borrower's right
to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that
Borrower: (a)pays Lender all sums which then would be due under this Security Instrument and the Note
as if no acceleration had occurred;(b)cures any default of any other covenants or agreements;(c)pays all
expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys'
fees,property inspection and valuation fees,and other fees incurred for the purpose of protecting Lender's
interest in the Property and rights under this Security Instrument; and(d)takes such action as Lender may
reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,
and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the
following forms, as selected by Lender: (a)cash; (b)money order; (c)certified check, bank check,
treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits
are insured by a federal agency, instrumentality or entity; or (d)Electronic Funds Transfer. Upon
reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully
effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of
acceleration under Section 18.
20.Sale of Note;Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the
Note (together with this Security Instrment) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument,and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan
Servicer,Borrower will be given written notice of the change which will state the name and address of the
new Loan Servicer, the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to
Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence,join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by
reason of,this Security Instrument,until such Borrower or Lender has notified the other party(with such
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notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action.If Applicable
Law provides a time period which must elapse before certain action can be taken,that time period will be
deemed to be reasonable for purposes of this paragraph.The notice of acceleration and opportunity to cure
given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to
Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this
Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances,pollutants,or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials;
(b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that
relate to health,safety or environmental protection; (c)"Environmental Cleanup" includes any response
action, remedial action,or removal action, as defined in Environmental Law; and(d) an"Environmental
Condition"means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances,or threaten to release any Hazardous Substances,on or in the Property.Borrower shall not do,
nor allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental
Law,(b)which creates an Environmental Condition,or(c)which,due to the presence,use,or release of a
Hazardous Substance,creates a condition that adversely affects the value of the Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property(including,but not limited to,hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b)any
Environmental Condition,including but not limited to,any spilling,leaking,discharge,release or threat of
release of any Hazardous Substance, and (c)any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns,or is notified
by any governmental or regulatory authority,or any private party,that any removal or other remediation of
any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows:
22.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify:
(a)the default; (b)the action required to cure the default; (c)a date,not less than 30 days from the
date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure
the default on or before the date specified in the notice may result in acceleration of the sums secured
by this Security Instrument,foreclosure by judicial proceeding and sale of the Property.The notice
shall further inform Borrower of the right to reinstate after acceleration and the right to assert in
the foreclosure proceeding the non-existence of a default or any other defense of Borrower to
acceleration and foreclosure.If the default is not cured on or before the date specified in the notice,
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Lender at its option may require immediate payment in full of all sums secured by this Security
Instrument without further demand and may foreclose this Security Instrument by judicial
proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this Section 22,including,but not limited to,costs of title evidence.
Lender shall be entitled to collect all reasonable expenses incurred in pursuing the remedies
provided in this Section 22, including, but not limited to, reasonable attorneys' fees, to the extent
allowed by Applicable Law.
23.Release.Upon payment of all sums secured by this Security Instrument,Lender shall release this
Security Instrument.Lender may charge Borrower a fee for releasing this Security Instrument,but only if
the fee is paid to a third party for services rendered and the charging of the fee is permitted under
Applicable Law.
24.Waiver of Redemption.Borrower waives all rights of redemption to the extent allowed by law.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
-Witness -Witness
(Seal) (Seal)
Tanner L Roney -Borrower -Borrower
STATE OF KANSAS , Saline County ss:
The foregoing instrument was acknowledged before me this 19th day of July,2019 by Tanner L Roney.
Witness my hand and official seal.
My Commission Expires: September 28,2020
(Seal)
Nitary Public Madison A. iles
MADISON A. MILES
Loan originator(Organization):The Mortgage Company;NMLS#:270347 Notary Public-State of Kansas
Loan originator(Individual):Madison A.Miles;NMLS#: 1530057
7
/2/46 (2
My Appt. Expires
KANSAS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3017 1/01
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I
I I I I I I I I I II 11111111111111111111,.,.,11111111111111111II 11111111111 II 111181 II II 1111
TITLE SERVICES, INC. REBECCA SEEMAN
138 N.7th Street f�w �,,,2r;�,REGISTER OF DEEDS SALINE COUNTY KANSAS
Salina,KS 67401 t•.; ;j•,Book•1358 Page: 1986-1987
FILE#: let- 15s-1 (C- Receipt #: 123985 Recording Fee: $24.00
Pages Recorded: 2 c/4 V
Date Recorded: 7/19/2019 4:22:07 PM
WHEN RECORDED,MAIL TO:
The Mortgage Company
155 N.7th St,P.O.Box 3527
Salina,KANSAS 67402-3527
This instrument was prepared by:
The Mortgage Company
155 N.7th St,P.O.Box 3527
Salina,KANSAS 67402-3527
888-261-5626
(Space Above This Line For Recorder's Use)
ASSIGNMENT OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS That The Mortgage Company,
whose address is 155 N.7th St,P.O.Box 3527,Salina,KANSAS 67402-3527,the Mortgagee,
in a certain mortgage dated the 19th day of July,2019,
executed by Tanner L Roney,a single man,
and duly filed for record in the Office of the Register of Deeds of Saline County, Kansas on the
day of , , duly recorded as Instrument
No. , in Book 1358 at Page 1972
described as:
The North One Hundred feet(100') of the East Seven feet(7') of Lot Thirty-one(31) and the
North One Hundred feet(100')of Lot Thirty-two(32),Block Six(6),Morrison's Third Addition
to the City of Salina,Saline County,Kansas
which currently has the address of:525 Washington St,Salina,KANSAS 67401,
in consideration of the sum of FIFTY-SIX THOUSAND EIGHT HUNDRED FORTY-TWO AND
NO/100 Dollars($56,842.00),to them in hand paid,the receipt of which is hereby acknowledged,does hereby
sell,assign,transfer,set over,and convey unto
Lyons Federal Bank,its Successors and/or Assigns,whose address is:
200 East Avenue South;P.O.Box 58,Lyons,KANSAS 67554-0058
KANSAS Assignment of Mortgage 11/03
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EXHIBIT
C
said mortgage, the real estate conveyed, and the Promissory Note, debts, and claims thereby secured, and
covenants therein contained.
TO HAVE AND TO HOLD THE SAME, forever; subject, nevertheless, to the conditions therein
contained.
IN WITNESS WHEREOF, the Larry S. Curran, has caused this instrument to be signed by its
President and attested by Madison A.Miles,its Notary Public,and its corporate seal to be affixed hereto
this July 19,2019,A.D.
The M rtgage Company
11�►► S
tAt'.
By:L•rry '..Curran Witness
Its: Pr•.'c ent Typed Name:
Witness
Typed Name:
State of KANSAS
County of Saline
This record was acknowledged before me on July 19,2019 by Larry S.Curran as President of The Mortgage
Company.
Stamp
Si,•ature of notarial officer -
•
MADISON A. MILES
Notary Public-State of KansasTitle of office
ZOe0
My Appt. Expires %� My commission expires:September 28,2020
KANSAS Assignment of Mortgage 11/03
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