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Amended Foreclosure Package 640 Johnstown Ave (Jamie Crowder) Amended Service Package File # 243068-1018700 Notification Id = 2233629 City of Salina, Kansas 300 W Ash St RM 206 City Clerk Salina, KS 67401-2335 ELECTRONICALLY FILED 2024 Apr 29 PM 2:48 CLERK OF THE SALINE COUNTY DISTRICT COURT CASE NUMBER: SA-2024-CV-000030 PII COMPLIANT IN THE DISTRICT COURT OF SALINE COUNTY,KANSAS CIVIL DEPARTMENT BMO Harris Bank,N.A. s/b/m Bank of the West s/b/m to ) Commercial Federal Mortgage Corporation ) Case No. SA-2024-CV-000030 ) Plaintiff, ) Court Number: ) vs. ) Pursuant to K.S.A. Chapter 60 ) Michael L. Crowder and Jaime D. Crowder, et al. ) Defendants. REQUEST AND SERVICE INSTRUCTION FORM TO: CLERK OF THE DISTRICT COURT The Clerk of the District Court will issue An Alias Summons and copy of the original Petition and First Amended Petition in the above-entitled action for: City of Salina, Kansas, City Clerk 300 W Ash St,Room 206, Salina,KS 67401. You are instructed to effect service as follows: X Personal/residential service through the Special Process office of ARISTOCRAT INVESTIGATIONS for service in SALINE County. If service cannot be made upon an individual by personal or residential service, service may be made by leaving a copy of the process and petition at the defendant's dwelling house or usual place of abode and by mailing a notice that such copy has been left at such house or place of abode to the individual by first-class mail. SouthLaw,P.C. /s/Blair T. Gisi Blair T. Gisi(KS#24096) 13160 Foster, Suite 100 Overland Park,KS 66213-2660 (913)663-7600(Ext.321) Blair.Gisi@southlaw.com Attorneys for Plaintiff 111111111 II!II IH File No.243068-1 01 8700 I , ELECTRONICALLY FILED 2024 Apr 30 AM 9:02 CLERK OF THE SALINE COUNTY DISTRICT COURT CASE NUMBER: SA-2024-CV-000030 PII COMPLIANT saingas VitattkCourt: Saline County District Court Case Number: SA-2024-CV-000030 Case Title: BMO Harris Bank, N.A. s/b/m Bank of the West s/ b/m to Commercial Federal Mortgage Corporation vs. Jaime D Crowder, et al Type: ORD: Summons - Filer Drafted Alias Summons for City of Salina, Kansas SO ORDERED, is Is/ Clerk of the District Court Electronically signed on 2024-04-30 09:02:43 page 1 of 2 IN THE DISTRICT COURT OF SALINE COUNTY,KANSAS CIVIL DEPARTMENT BMO Harris Bank,N.A. s/b/m Bank of the West s/b/m to ) Commercial Federal Mortgage Corporation ) Case No. SA-2024-CV-000030 ) Plaintiff, ) Court Number: ) vs. ) Pursuant to K.S.A. Chapter 60 ) City of Salina,Kansas ) City Clerk ) 300 W Ash St,Room 206 ) Salina,KS 67401 ) Defendants. ALIAS SUMMONS To the above-named defendant: You are notified that an action has been commenced against you in this court. You are required to file your answer to the original Petition and First Amended Petition with the court and to serve a copy upon the plaintiff's attorney as follows: Blair T. Gisi, do SouthLaw P.C., 13160 Foster, Suite 100,Overland Park,KS 66213-2660 within 21 days after service of summons upon you. If you fail to do so,judgment by default will be taken against you for the relief demanded in the attached pleadings attached and incorporated by reference. Any related claim which you may have against the plaintiff must be stated as a counterclaim in your answer,or you will thereafter be barred from making such claim in any other action. (seal) Clerk of the District Court Dated: By: Deputy File No.243068 11111111111111 Invoice No. 243068-1018700 T y ELECTRONICALLY FILED 2024 Feb 06 AM 10:50 CLERK OF THE SALINE COUNTY DISTRICT COURT CASE NUMBER: SA-2024-CV-000030 PII COMPLIANT IN THE DISTRICT COURT OF SALINE COUNTY,KANSAS CIVIL DEPARTMENT BMO Harris Bank, N.A. s/b/m Bank of the West s/b/m to Commercial Federal Mortgage Corporation Plaintiff, vs. Case No. Jaime D. Crowder; Michael L. Crowder; Court Number: City of Salina,Kansas; Deanna K. Hadnot; Todd Alan Hadnot; Defendants. PETITION TO FORECLOSE MORTGAGE (Pursuant to K.S.A. Chapter 60) COMES Now Plaintiff, BMO Harris Bank, N.A. s/b/m Bank of the West s/b/m to Commercial Federal Mortgage Corporation, by and through its attorney, Blair T. Gisi of the firm of SouthLaw, P.C., and for its cause of action against Defendants states as follows: 1. Plaintiff is a business organization created and existing by virtue of law. 2. On April 12, 2002, Michael L. Crowder and Jaime D. Crowder made and delivered a promissory note (the "Note") to The Mortgage Company, in exchange for good and valuable consideration, in the principal sum of$87,550.00, together with interest. A copy of the Note is attached as Exhibit"A" and incorporated by reference. 3. To secure repayment of the Note, on April 12, 2002, Michael L. Crowder and Jaime D. Crowder made and delivered a Mortgage (the "Mortgage")to The Mortgage Company, its successors and assigns ,on the real property legally described as: The East Six(6)feet of Lot Nineteen(19) and all of Lot Twenty(20),Replat of Block Five (5), Oakdale Addition to the City of Salina, Saline County, Kansas, commonly known as 640 Johnstown Ave, Salina,KS 67401 (the"Property"). A copy of the Mortgage is attached as Exhibit"B" and incorporated by reference. 1 File No.243068 IUH 4. The Mortgage was recorded on April 12, 2002, in Book No. 1009, at Page 1876, in the office of the Register of Deeds of Saline County,Kansas. 5. Plaintiff is the party entitled to enforce the Note. Plaintiff, directly or through an agent, has possession of the Note and is enforcing the Note as the party in possession. Plaintiff is the assignee of the Mortgage. Copies of the Assignments of Mortgage are attached as Exhibit "C" and are incorporated by reference. 6. City of Salina, Kansas is named by virtue of two special assessment liens recorded in the Register of Deeds of Saline County,KS: The first recorded August 28, 2023, in Book 1429 at Page 1232, in the amount of$520.43; the second recorded September 23, 2022, in Book 1417 at Page 1061, in the amount of$520.43. Any interest City of Salina, Kansas may claim in the subject property is junior and inferior to Plaintiff's Mortgage. 7. Todd Alan Hadnot and DeAnna K. Hadnot, both single persons, individually and as Trustees of the Todd Alan Hadnot and DeAnna Hadnot Revocable Trust dated June 29, 1998, are named for any interest claimed into or against the Property by virtue of the Estoppel Affidavit recorded with the Saline County, KS Register of Deeds on March 6, 2001 in Book 175, Page 227. Any interest claimed by Todd Alan Hadnot and DeAnna K. Hadnot both single persons, individually and as Trustees of the Todd Alan Hadnot and DeAnna Hadnot Revocable Trust dated June 29, 1998 is junior, inferior, and quieted to Plaintiff. 8. Defendants Michael L. Crowder and Jaime D. Crowder are not on active duty in the military service of the United States of America or subject to the provisions of the Service Members Civil Relief Act of 2003, as amended. Plaintiff lacks or cannot obtain the information necessary to assess the military status or applicability of the Act for any other defendant. 9. The Monthly installment payments were not made as they became due,commencing with the installment payment due on May 1, 2023, and continuing with each monthly installment due thereafter. 2 IFile No.243068 13. If any Defendant Borrower is or has been a chapter 13 bankruptcy debtor, and the Plaintiff has obtained relief from the automatic stay imposed by 11 U.S.C. §362 in a bankruptcy proceeding and thereafter a discharge was granted, or the Defendant Borrower converted to a chapter 7 and thereafter a discharge was granted, then that Defendant Borrower will have no personal liability for the debt which is the subject of this action. In the alternative, if the Defendant Borrower was a Chapter 7 debtor and this debt was listed in Defendant Borrower's schedules and not reaffirmed and thereafter a discharge was granted,then that Defendant Borrower will have no personal liability for the debt which is the subject of this action. WHEREFORE, Plaintiff prays for judgment in personam against Michael L. Crowder and Jaime D. Crowder in the sum of$38,139.49, together with interest at the rate provided in the Note from April 1, 2023, to the date of judgment, and thereafter at the highest rate provided by law until paid; all sums advanced by Plaintiff for title evidence in bringing this action; filing costs; process and service fees; reasonable attorney fees if provided for by statute; all sums paid by Plaintiff or due from the Defendant prior to sale for late charges, insufficient funds charges, property inspections or maintenance expenses; and all sums advanced or to be advanced by Plaintiff prior to the sale for real estate taxes and insurance premiums. 4 File No.243068 Plaintiff further prays that the Mortgage be declared a first and prior lien on the Property; that its Mortgage be foreclosed; that all junior and inferior liens and Mortgages be barred from claiming any right, title, or interest in the subject property; that the Court order and direct the sale of the Property according to law, subject to a legal redemption period of 12 months; provided, should the Property be or become abandoned or not occupied in good faith, that any such redemption period may be extinguished; for the satisfaction of the money judgment or any balance remaining unpaid; for possession of the Property after the redemption period has expired; and for such other relief as the Court may deem just and equitable. SouthLaw,P.C. /s/Blair T. Gisi Blair T. Gisi(KS#24096) 13160 Foster, Suite 100 Overland Park,KS 66213-2660 (913)663-7600 (913)663-7899(Fax) Blair.Gisi@southlaw.com Attorney for Plaintiff THE LAW FIRM OF SOUTHLAW, P.C., A DEBT COLLECTOR, IS ATTEMPTING TO COLLECT A DEBT AS DEFINED BY THE FAIR DEBT COLLECTION PRACTICES ACT AND ANY INFORMATION OBTAINED BY THE LAW FIRM WILL BE USED FOR THAT PURPOSE. 5 File No.243068 410 AL' • INITIAL-PERIOD-FIXED/ADJUSTABLE RATE NOTE • (1 Year Treasury Index-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. April 12, 2002 Salina Kansas [Date] [City] [State] 640 Johnstown Avenue.Salina,KS 67401 ORiGINAL • [Property Address] 1. BORROWER'S PROMISE TO PAY • In return for a loan that I have received, I promise to pay U.S. $ 87,550.00 (this amount is called 'Principal"), plus interest, to the order of the Lender. The Lender is The Mortgage Company, a corporation • 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 6.6250 %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any . default described in Section 7(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 payments on the first day of each month beginning on June 1 , 2002 • . 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 May 1, 2032 , 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 155 N. 7th Street; PO Box 3527, Salina , KS 67402-3527 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 560.59 :This amount may change. (C)Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of May 2007 , and the adjustable interest rate I will pay may change on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." CROWDER M/J • MULTISTATE FIXED/ADJUSTABLE RATE NOTE-Nonassumable Fixed-Single Family-Freddie Mac UNIFORM INSTRUMENT -834N mow) mw Hypo Form 3593 1/01 ® VMP MORTGAGE FORMS-18001521-7291 Page 1 o1 4 4fi /. 4 MI&T A I (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO and Three / Quarters percentage points ( 2.7500 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D)below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D)Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8.6250 % or less than 4.6250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than Two percentage point(s)( 2.0000 %) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 11.6250 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. 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 any 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 dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my.monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. 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 eductign ill bertreated" as a partial Prepayment. ,-- ; 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 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 5.0000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. CROWDER M/J ■_ Form 359 �-834N 10010) Page 2 of 4 Initial5: • • • s41 (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 to me 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. 8. 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. 9. 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. 10. 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. 11. 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: (A) UNTIL MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. 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 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. CROWDER M/J • Form 3593 111 -4 -834N 10010) Page 3 of 4 Initials: •/'4,7, • • (B) WHEN MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION 11(A) ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT SHALL INSTEAD BE DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. 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 Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, 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 HAN1111) ) A D SEAL(S)OF THE UNDERSIGNED. (Seal) .t. JI/ _ .t i '1 (Seal) 'ichael L. Crowder -Borrower J. e D. Crowder -Borrower (Seal) _ (Seal) -Borrower -Borrower (Seal) (Seal) • -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Pay to the Order of Commercial Federal Mortgage Corporation [Sign Original Only] Without Rec. rse By: S The Mortga 7ompany Larry S. Cu ran Vice President CROWDER M/J -834N toot o} Page a of 4 Form 3593 1/01 �r ® . • REBECCA SEEMAM `LAr<i TITLE SERVICES, INC ; REGISTER OF DEEDSC\ 136 N;.7th Street SALINE COUNTY KANSAS Book—Page : 1009-1876 'Salina, KS 67401 Receipt 0: •2287 Recording Fee: 144. 1 FILE u Mortgage 0:;1094 Mortgage Act: $87 5.50.sl, Registration Tax: 227.63 ,Date Recorded: 4/1272002 1:08:55 PM • • • • Return To: • • Prepared By: Regina D. Nely - • [Space Above This Line For Recording Data]-14)-al 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 April 12. 2002 • together with all Riders to this document. (B) "Borrower" is Michael L. Crowder and Jaime D. Crowder, Husband and Wife • Borrower is the mortgagor under this Security Instrument. (c) "Lender" is The 'Mortgage Company • Lender is a a corporation organized and existing under the laws of • Kansas • CROWDER M/J KANSAS-Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3017 1/01 -6(KS)102021 • Page 1 of 15 MW 02/02 Initials: /,t VMP MORTGAGE FORMS-1800)521-7 r EXHIBIT B Book—Page: 1009-1877 Lender's address is 155 N. 7th Street: PO Box 3527, Salina , KS 67402-3527 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated April 12, 2002 The Note states that Borrower owes Lender Eighty Seven Thousand Five Hundred Fifty and no/100 • Dollars (U.S. $87.550.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May 1, 2032 (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]: X Adjustable Rate Rider I Condominium Rider nSecond Home Rider Balloon Rider I Planned Unit Development Rider [H 1-4 Family Rider VA Rider Biweekly Payment Rider I Other(s) [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. (1) "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. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), 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 "federally related mortgage loan" even if the Loan does not qualify as a"federally relijted-mortgage loan" under RESPA. iy! [� V. I!2t!Ll) CROWDER M/J hugs P R 1 5 2002 -6(KS)i0202) Pogo 2 of 15 ` Form 3017 1/01 !BY SALINE COUNTY ok-Page : 1009-1878 • • (P)4"Successor in Interest of Borrower" means any party that fiastaken 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 [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] The East Six (6) Feet of Lot Nineteen (19) and all of Lot Twenty (20) , • Replat of Block Five (5) . Oakdale Addition to the City of Salina. Saline County. Kansas Parcel ID Number: 04985 which currently has the address of 640 Johnstown Avenue [Street] Salina [city], Kansas 67401 [Zip Code] ("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 CROWDER M/J 131)-6(KS) (02021 Page 3 of 15 Form 3017 1/01 Book—Page : 1009-1879 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 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-Iremrtifil ssiLendeiewaives Borrower's obligation to pay the Funds for any or all Escrow Items. nder may waive jIicirroS'eer's obligation to pay to Lender Funds for any or all Escrow Items at any time. ny sGh waiver may only bei in writing. In the event of such waiver, Borrower shall pay directly, whenI where payable, the amounts CROWDER M/J � l APR 1 5 LUUZ Initials:'16, 9 6(KS)40202) Page 4 of 15 �, ��/ ''Foirn'30�7 1UO yIN ® 1 a'�{-!!IL. 1 •• ., r i.r• ...�,�• Book-Page : 1009-1880 i. f�. • due'fof-any Escrow Items for which payment of Funds has been waiveh•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 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, instrumentality, 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 Instrument, 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 CROWDER M/J Ina. Alp -6(KS) (0202) Page 5 of 15 Form 3017 1/01 Book—page : 1009-1881 • 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. 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 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. 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 tho-sole_ohligat..n of Borrower. If the restoration or repair is not economically feasible or Lender's security would be+Pessenedl ithetinsyrance proceeds shall be applied to the sums secured by this Security Instrum nt, w Cher-or-not imen du�with CROWDER M/J l �1�R 1 5 2002 lnlial � -6(KS)(0202) Page 6 of 15toForm 30171/01 p .Y SAL ?:,E COUNTY • • •'t• .� �: 'i*k ,Book—Rage : 1009-188,a ;N1, •the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. 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 which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable • CROWDER M/J 1 L Initials: i CD-60M(0202) Page 7 of 15 Form 3017 1/01 ® Itik, Book—Page : 1009-1883 . 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). 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 ex forl.,a'sure;o 19,10 premiums paid to the insurer, the arrangement is often termed "captive reinsur ce." Further41\U T v-____ : (a) Any such agreements will not affect the amounts that Borrow r has agreed'fo pay Mortgage Insurance, or any other terms of the Loan. Such agreements wi not increase the amount) Borrower will owe for Mortgage Insurance, and they will not entitle Borro r to any rfiTnd.\ rJ Luth- CROWDER M/J -_ Initials: ^ , .,- ..f„1t4 -6(KS)(0202) Page 8 or 15 (41 ', Form',3017Y 1101 0 ••• ' Hook-Page : 1009-1884 ' a .;1; ttaixi... :r•.,i,.,t%+fir:d'n:�'ifn . l• (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 any, 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. 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. CROWDER M/J Initials: � •—•° ®-6(KS)(02021 Papa 9 of 15 Form 3017 1/01 a Book—Page: 1009-1885 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 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. CROWDER M/J ._ ( f �".Oc1i Intl als: .Ii a'.l. ;:..., •;�.. ©-6(KS)10202) Page 10 of 15 "—"--Form-301-7-1/01 3017-1/01 E t APR 1 5 2002 ",'; ,_:• ,'" ;;`., 'Hook—Page : 1009-1886 • '=�•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. i 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. 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 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. 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 Instrument) 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 CROWDER M/J Form 3017 1/01 Cpt-6(KS) (0202 Page 11 of 15 irk Book—Page : 1009-1887 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 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. 4��1 �' +�1,CRD :LM D CROWDER M/J LAPR152O1 02 CID -6(KS)(ozoz) Page 12 of 15 -- Form 3017 LT ro. J � ...._ . _... r ' S;.. .;L;• •Book—Page : 1009-1888 • I'NON-UNIFORM COVENANTS. Borrower and Lender furthercovenant 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, 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. • • CROWDER M/J eld— • hi iala' .` -6(KS) lozoz) Page 13 of 15 40- Form 3017 1/01 Book—Page : 1009-1889 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: 7ha4rr�-- 2 (Seal) el L. Crowder -Borrower I ./YYkQ.r t1 (Seal) Jii e D. Crowder -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower • (Seal) • (Seal) -Borrower -Borrower MICROFiLMED APR 1 5 2002 BY SALINE COUNTY CROWDER M/J -6(KS)(0202) Page 14 of 15 Form 3017 1/01 Book—page : 1009-1890 • STATE OF KANSAS, ' •SALINE . County ss: • BE IT REMEMBERED, that.on this 12th day of • April , 20.02 before me, the undersigned, a Notary Public in and for the County and State aforesaid,personally appeared Michael L. Crowder and Jaime D. Crowder, Husband and Wife to me personally known to be the same person(s) who executed the above and foregoing instrument of writing, and duly acknowledged the execution of same. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal on the day and year last above written. My Commission Expires: November 18. 2002 y , • Notary Public LARRY S.CURRAN 3i Larry S. Curran • , Natant pubic. 'd AIMS J Type Name ' '•• •• ( - tia y .ti • • • • • CROWDER M/J • Initials:'j4• . apiews)10202) Page 15 o1 15 Form 3017 1/01 a • • Book—Page : 109-1891 r:. • • • INITIAL PERIOD FIXED/ADJUSTAB.LE.RATE RIDER (1 Year Treasury Index-Rate Caps) ` THIS ADJUSTABLE RATE RIDER is made this 12th day of April . 2002 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument') of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to The Mortgage Company, a ' corporation (the "Lender")of the same date and covering the property described in the Security Instrument and located at: . 640 Johnstown ,Avenue,Salina ,KS 67401 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 6.6250 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4.INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of May. 2007 , and the adjustable interest rate I will pay may change on that CROWDER M/J 0 MULTISTATE FIXED/ADJUSTABLE RATE RIDER(Nonassumable Fixed)-Single Family- Freddie Mac UNIFORM INSTRUMENT a-®834R (0008) Form 3195 1/01 Page 1 of 5 MW 08/00 Initials. ' - VMP MORTGAGE FORMS- (81 -7 91 Book—Rage : 1009-1892 • day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B)The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and Three / Quarters percentage points ( 2.7500 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. • (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8.6250 % or less than 4.6250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than Two • percentage point(s) ( 2.0000 %)from the rate of interest I have been paying for the preceding twelve months. My interest rate will never be greater than 11 .6250 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. CROWDER M/J Initials: j -834R(0008) Page 2 of 5 Form 3195 1/01 OM MICROILMED APR 1 5 2002 SALINE COU Book—Page : 1009-1893 • • • • (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment beforethe effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. UNTIL BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT SHALL BE IN EFFECT AS FOLLOWS: 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. - 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 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. CROWDER M/J D Initial 40A Cr)-834R (0008) Page 3 of 5 Form 3195 1101 ® 4. • I Book—Page : 1009-1894 • 2. WHEN BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION B1 ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND THE PROVISIONS OF UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT SHALL BE AMENDED TO READ AS FOLLOWS: 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. 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 immexiiate 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. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, 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. CROWDER M/J 0 initials: ,, L ID-834R(0008► Page 4 of 5 Form 3195 1/01 M1CROHLU'i ED APA A 1 5 2002 • . . BY SALINE COUNTY • Book—Page : 1009-1895 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. tr4 ,p (Seal) 0111: £&I _ I e '� 1 (Seal) chael L. Crowder -Borrower .imp D. Crowder -Borrower • (Seal) (Seal) -Borrower -Borrower —(Seal) __(Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower • CROWDER M/J .- - 0 ©-834R (0008). • 1", Page 5 of 5 Form 3195 1/01 y4 � ���U3 RESISTB1OF BEDSN(\)+ • SALINE COUNTY KANSAS Book—Page: 1015-945 Receipt t: 3558 Recording_Fee: $5.18 • Date Recorded: W25/28U2 8:35:89 AM E• Loin Number: MIN: MERS Phone: 1-888-679.6377 - ASSIGNMENT OF NOTE AND MORTGAGE FOR VALUE RECEIVED,The Mortgage Company, its successors and assigns,hereby assigns and transfers to Mortage Electronic Registration Systems,Inc. its successors and assigns, as nominee for Commercial Federal Mortgage Corp.,its successors and assigns,P.O.Box 2026,Flint,Michigan 48501-2026,all its right,title and interest in and to a certain mortage executed by Michael L . Crowder .and Jaime D . Crowder. Husband and Wife to Assignor,datedo 4/12/0g and recorded in Mortgage Book /(O9,at pages /g 76 ,at the office of the Register of Deeds of SALINE • County,Kansas,mortgaging the • following described real estate to-wit: Record ed; .4PP1 L. /a 1 .20o1- The East Six (6) Feet of Lot Nineteen ( 19) and all of Lot Twenty (20) . Replat of Block Five (5) . Oakdale Addition to the City of Salina . Saline County, Kansas • • together with that certain Note of even date therewith therein described and the money to become due thereon with interest provided therein. • IN WITNESS WHEREOF,Assignor has executed this Assignment at Salina,Kansas on 04/12/02. /0577. ,, ' THE MORTGAGE COMPANY \ y B liJI C V"-- f 600Ak N# ry S . Curran 1 S 4. € ce President State of Kansas) \ s • )ss: . =.``.......,...... County of Saline) The foregoing instrument was acknowledged before me on the day last above written by Larry S. Curran , Vice President ofTheMortgageCompany,aKansas Corporation as the act and deed of said corporation. REGINA D.NELYP / NOTARY MAUX „0. , STATE OF • / tEx 10 ,7' ilrc .- rc ared &Return To: .tion b Oakes 1-800-492-8880 tAl V' Courthouse Connection "'` 120 W.Wieuca Suite 203 ., .. 1 ;:•• •; t1anW; •GA 30342 CFM Project • c 111111111 Jill 1 111111II I I11 IIIA 11111 IIUI !���� 1111111111 I II 1111111111111 REBECCA SEEMAN /5".1.-46•!'A,.�r. REGISTER OF DEEDS SALINE COUNTY KANSAS 7r.aa e ) )Book:1434 Page: 953-954 Receipt #: 150668 Recording Fee: $24.00 Pages Recorded: 2 4.-v Date Recorded: 1/18/2024 8:36:37 AM MARGIN ABOVE RESERVED FOR RECORDING INFORMATION PREPARED,SUBMITTED,AND RETURN TO: MELISSA LEE SOUTHLAW,P.C. 13160 FOSTER,SUITE 100 OVERLAND PARK,KS 66213-2660 (913)663-7600 C ASSIGNMENT OF MORTGAGE DATE OF INSTRUMENT: /`J /-0Z l{ ASSIGNOR: Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Commercial Federal Mortgage Corp.,its successors and assigns P.O. Box 2026, Flint, MI 48501-2026 ASSIGNEE: BMO Bank N.A. 1 Corporate Drive Suite 360 Lake Zurich,IL 60047-8945 AFFECTED INSTRUMENT: April 12,2002, in Book No. 1009,at Page 1876 LEGAL DESCRIPTION: The East Six (6)feet of Lot Nineteen(19) and all of Lot Twenty(20), Replat of Block Five(5),Oakdale Addition to the City of Salina,Saline County,Kansas MIN: MERS Phone: 1-888-679-6377 File No. 243068 Book 1.4a4 Page: 954 ASSIGNMENT OF MORTGAGE Mortgage Electronic Registration Systems,Inc., as mortgagee, as nominee for Commercial Federal Mortgage Corp.,its successors and assigns,whose address is P.O. Box 2026, Flint, MI 48501-2026 ("Assignor"), assigns, transfers and sets over to BMO Bank N.A.,whose address is 1 Corporate Drive Suite 360, Lake Zurich,IL, 60047-8945 ("Assignee"),all attendant liens,rights in the following described Mortgage: Original Loan Amount: $87,550.00 Recording Date:April 12,2002,in Book No. 1009,at Page 1876 Original Borrower(s): Michael L. Crowder and Jaime D.Crowder,Husband and Wife Original Mortgagee/Beneficiary: The Mortgage Company The legal description contained in the security instrument is as follows: The East Six(6)feet of Lot Nineteen (19) and all of Lot Twenty(20), Replat of Block Five (5), Oakdale Addition to the City of Salina, Saline County, Kansas, commonly known as 640 Johnstown Ave, Salina, Kansas 67401 (the"Property") Mortgage Electronic Registration Systems,Inc.,as mortgagee, as nominee for Commercial Federal Mortgage in , its successors and assigns ("Assi: or") By: L' Alr° /ido Printed ,Mame: e keg.; A1- 1�1 pyvN Title: V I CQ__ nasi cQesvf Date: 1 - S" 20214 AA ACKNOWLEDGMENT STATE OF W t C.. nim:N ) ) ss. COUNTY OF v k Rk4 ) BE IT REMEMBERED,that on this day of -3.0t 20 24 .before me the undersigned,a notary public in and for the county parish and state,� 1came Cke,Z • /hA,j ,who is the same person who executed this instrument as V k Ge..- ree.sic4e4- (Title)of Mortgage Electronic Registration Systems,Inc.,as mortgagee,as nominee for Commercial Federal Mortgage Corp.,its successors and assigns,and such person acknowledged the execution to be the act and deed of the corporation. In witness,I have set my hand and affixed by official seal the day and year last above written. Notary Public: �"'AP"" MATTHEW PLOTZ //v`L NOTARY PUBLIC Printed Name: /?1 �u [ STATE OF WISCONSIN 42V/9/ / --- ----- - My Commission Expires: G! /9l 202..7 MIN: MERS Phone: 1-888-679-6377 File No. 243068 00 o \1 ELECTRONICALLY FILED 2024 Apr 29 PM 2:48 CLERK OF THE SALINE COUNTY DISTRICT COURT CASE NUMBER: SA-2024-CV-000030 PII COMPLIANT IN THE DISTRICT COURT OF SALINE COUNTY,KANSAS CIVIL DEPARTMENT BMO Harris Bank, N.A. s/b/m Bank of the West s/b/m to ) Commercial Federal Mortgage Corporation ) Case No. SA-2024-CV-000030 Plaintiff, ) Court Number: ) vs. ) ) Jaime D. Crowder,et al., ) ) Defendants. ) FIRST AMENDED PETITION TO FORECLOSE MORTGAGE (Pursuant to K.S.A. Chapter 60) Plaintiff,BMO Harris Bank,N.A. s/b/m Bank of the West s/b/m to Commercial Federal Mortgage Corporation,and for its First Amended Petition, states additionally: 1. Plaintiff's original Petition to Foreclose Mortgage was filed on February 6, 2024. Paragraphs 1- 13, are incorporated by reference as though they were fully set forth below, except as amended or corrected. A copy of the original Petition is attached as Exhibit"1"and incorporated by reference. 2. Plaintiff does not know and with reasonable diligence is unable to ascertain the whereabouts of defendants Jaime D. Crowder and Michael L. Crowder and is unable to procure personal service of summons on them within the State of Kansas and desires service by publication upon them pursuant to K.S.A. §60-307. 3. Plaintiff requests to correct paragraph six of Plaintiff's original petition to read as follows: City of Salina, Kansas is named by virtue of three special assessment liens recorded in the Register of Deeds of Saline County,KS: Date Recorded Book/Page Amount August 28,2023 1429/ 1232 $520.43 September 23,2022 1417/ 1061 $520.43 December 4,2023 1433/496 $903.93 1 File No.243068 11111111111111111 Any interest City of Salina, Kansas may claim in the subject property is junior and inferior to Plaintiff's Mortgage. Plaintiff renews its prayer for relief as contained in its original petition as though fully set out in this pleading. SouthLaw,P.C. /s/Blair T. Gisi Blair T. Gisi(KS #24096) 13160 Foster, Suite 100 Overland Park,KS 66213-2660 (913)663-7600 (913)663-7899(Fax) Blair.Gisi@southlaw.com Attorney for Plaintiff THE LAW FIRM OF SOUTHLAW, P.C., A DEBT COLLECTOR, IS ATTEMPTING TO COLLECT A DEBT AS DEFINED BY THE FAIR DEBT COLLECTION PRACTICES ACT AND ANY INFORMATION OBTAINED BY THE LAW FIRM WILL BE USED FOR THAT PURPOSE. Certificate of Service The undersigned hereby states a copy of the above and foregoing Plaintiff's First Amendment to Foreclosure Petition was sent via U.S. Mail,postage paid,this 30th day of April,2024,to: Jaime D. Crowder and Michael L.Crowder or Current Occupant 640 Johnstown Ave Salina,KS 67401 /s/Blair T. Gisi Blair T. Gisi (KS#24096) File No.243068 2 I ` ELECTRONICALLY FILED 2024 Feb 06 AM 10:50 CLERK OF THE SALINE COUNTY DISTRICT COURT CASE NUMBER: SA-2024-CV-000030 PII COMPLIANT IN THE DISTRICT COURT OF SALINE COUNTY,KANSAS CIVIL DEPARTMENT BMO Harris Bank, N.A. s/b/m Bank of the West s/b/m to Commercial Federal Mortgage Corporation Plaintiff, vs. Case No. Jaime D. Crowder; Michael L.Crowder; Court Number: City of Salina,Kansas; Deanna K. Hadnot; Todd Alan Hadnot; Defendants. PETITION TO FORECLOSE MORTGAGE (Pursuant to K.S.A.Chapter 60) COMES Now Plaintiff, BMO Harris Bank, N.A. s/b/m Bank of the West s/b/m to Commercial Federal Mortgage Corporation, by and through its attorney, Blair T. Gisi of the firm of SouthLaw, P.C., and for its cause of action against Defendants states as follows: 1. Plaintiff is a business organization created and existing by virtue of law. 2. On April 12, 2002, Michael L. Crowder and Jaime D. Crowder made and delivered a promissory note (the "Note") to The Mortgage Company, in exchange for good and valuable consideration, in the principal sum of$87,550.00, together with interest. A copy of the Note is attached as Exhibit"A"and incorporated by reference. 3. To secure repayment of the Note, on April 12, 2002, Michael L. Crowder and Jaime D. Crowder made and delivered a Mortgage(the "Mortgage")to The Mortgage Company, its successors and assigns ,on the real property legally described as: The East Six(6)feet of Lot Nineteen(19)and all of Lot Twenty(20),Replat of Block Five (5), Oakdale Addition to the City of Salina, Saline County, Kansas, commonly known as 640 Johnstown Ave, Salina,KS 67401 (the"Property"). A copy of the Mortgage is attached as Exhibit"B" and incorporated by reference. 1 File No.243068 iHHHuHmA .T 4. The Mortgage was recorded on April 12,2002, in Book No. 1009, at Page 1876, in the office of the Register of Deeds of Saline County,Kansas. 5. Plaintiff is the party entitled to enforce the Note. Plaintiff, directly or through an agent, has possession of the Note and is enforcing the Note as the party in possession. Plaintiff is the assignee of the Mortgage. Copies of the Assignments of Mortgage are attached as Exhibit "C" and are incorporated by reference. 6. City of Salina, Kansas is named by virtue of two special assessment liens recorded in the Register of Deeds of Saline County, KS: The first recorded August 28, 2023, in Book 1429 at Page 1232, in the amount of$520.43; the second recorded September 23, 2022, in Book 1417 at Page 1061, in the amount of$520.43. Any interest City of Salina, Kansas may claim in the subject property is junior and inferior to Plaintiff's Mortgage. 7. Todd Alan Hadnot and DeAnna K. Hadnot, both single persons, individually and as Trustees of the Todd Alan Hadnot and DeAnna Hadnot Revocable Trust dated June 29, 1998, are named for any interest claimed into or against the Property by virtue of the Estoppel Affidavit recorded with the Saline County, KS Register of Deeds on March 6, 2001 in Book 175, Page 227. Any interest claimed by Todd Alan Hadnot and DeAnna K. Hadnot both single persons, individually and as Trustees of the Todd Alan Hadnot and DeAnna Hadnot Revocable Trust dated June 29, 1998 is junior, inferior, and quieted to Plaintiff. 8. Defendants Michael L. Crowder and Jaime D. Crowder are not on active duty in the military service of the United States of America or subject to the provisions of the Service Members Civil Relief Act of 2003, as amended. Plaintiff lacks or cannot obtain the information necessary to assess the military status or applicability of the Act for any other defendant. 9. The Monthly installment payments were not made as they became due,commencing with the installment payment due on May 1, 2023, and continuing with each monthly installment due thereafter. 2 File No.243068 Accordingly, the total amount of indebtedness due under the terms of the Note and Mortgage has been accelerated and is due and payable as follows: a. the unpaid principal balance of the Note in the sum of$38,139.49; b. any deferred principal balance; c. the unpaid interest accruing at the rate provided in the Note from and after April 1,2023; d. all sums advanced by Plaintiff for title evidence in bringing this action; e. all sums advanced or to be advanced by Plaintiff prior to sale for real estate taxes and hazard insurance premiums; f. accrued late charges; g. all sums paid by Plaintiff for Bankruptcy attorney fees and court costs, if applicable, or due from the Defendant prior to sale for insufficient funds charges, property inspections or property maintenance expenses;and h. the costs of this action, including reasonable attorney fees,if allowed. 10. Plaintiff is entitled to have the Mortgage foreclosed as a first and prior lien upon the Property. 11. Each of the defendants has or may claim to have some right, title, interest, lien or claim, in, on or to the Property, but any such claim is junior and inferior and subject and subordinate to the lien of the Mortgage and should be so adjudged. 12. More than one-third of the original indebtedness secured by the Mortgage has been paid as the original indebtedness was $87,550.00 and the current unpaid principal balance due and owing is $38,139.49. Therefore, under the K.S.A. § 60-2414(m), the redemption period should be fixed at 12 months from the date of the Sheriffs sale; provided, should the Property be or become abandoned or not occupied in good faith, that any such redemption period may be extinguished. Once the redemption period has expired, Plaintiff or the holder of the Certificate of Purchase shall be entitled to a writ of assistance directing the Sheriff to immediately place it or the holder in possession of the Property and its improvements. 3 File No.243068 13. If any Defendant Borrower is or has been a chapter 13 bankruptcy debtor, and the Plaintiff has obtained relief from the automatic stay imposed by 11 U.S.C. §362 in a bankruptcy proceeding and thereafter a discharge was granted, or the Defendant Borrower converted to a chapter 7 and thereafter a discharge was granted,then that Defendant Borrower will have no personal liability for the debt which is the subject of this action. In the alternative, if the Defendant Borrower was a Chapter 7 debtor and this debt was listed in Defendant Borrower's schedules and not reaffirmed and thereafter a discharge was granted,then that Defendant Borrower will have no personal liability for the debt which is the subject of this action. WHEREFORE, Plaintiff prays for judgment in personam against Michael L. Crowder and Jaime D. Crowder in the sum of$38,139.49, together with interest at the rate provided in the Note from April 1, 2023, to the date of judgment, and thereafter at the highest rate provided by law until paid; all sums advanced by Plaintiff for title evidence in bringing this action; filing costs; process and service fees; reasonable attorney fees if provided for by statute; all sums paid by Plaintiff or due from the Defendant prior to sale for late charges, insufficient funds charges, property inspections or maintenance expenses; and all sums advanced or to be advanced by Plaintiff prior to the sale for real estate taxes and insurance premiums. 4 File No.243068 U Plaintiff further prays that the Mortgage be declared a first and prior lien on the Property; that its Mortgage be foreclosed; that all junior and inferior liens and Mortgages be barred from claiming any right, title, or interest in the subject property; that the Court order and direct the sale of the Property according to law, subject to a legal redemption period of 12 months; provided, should the Property be or become abandoned or not occupied in good faith, that any such redemption period may be extinguished; for the satisfaction of the money judgment or any balance remaining unpaid; for possession of the Property after the redemption period has expired; and for such other relief as the Court may deem just and equitable. SouthLaw,P.C. /s/Blair T.Gisi Blair T. Gisi(KS#24096) 13160 Foster, Suite 100 Overland Park,KS 66213-2660 (913)663-7600 (913)663-7899(Fax) Blair.Gisi@southlaw.com Attorney for Plaintiff THE LAW FIRM OF SOUTHLAW, P.C., A DEBT COLLECTOR, IS ATTEMPTING TO COLLECT A DEBT AS DEFINED BY THE FAIR DEBT COLLECTION PRACTICES ACT AND ANY INFORMATION OBTAINED BY THE LAW FIRM WILL BE USED FOR THAT PURPOSE. 5 File No.243068 • 7 • INITIAL-PERIOD-FIXED/ADJUSTABLE RATE NOTE • (1 Year Treasury Index-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. April 12, 2002 Salina Kansas [Date] [City] [State] 640 Johnstown Avenue,Salina ,KS 67401 ORIGINAL [Property Address) 1. BORROWER'S PROMISE TO PAY • • In return for a loan that I have received, I promise to pay U.S. $ 87,550.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is The Mortgage Company, a corporation 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 6.6250 %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(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 payments on the first day of each month beginning on June 1 , 2002 • . 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 May 1, 2032 , 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 155 N. 7th Street; PO Box 3527, Salina , KS 67402-3527 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 560.59 :This amount may change. (C)Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of May 2007 , and the adjustable interest rate I will pay may change on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." CROWDER M/J MULTISTATE FIXED/ADJUSTABLE RATE NOTE-Nonassumable Fixed-Single Family-Freddie Mac UNIFORM INSTRUMENT 120-834N Imo) May 1Qpo Form 3593 1/01 VMP MORTGAGE FORMS 18001527-7291 Page 1 o1 4 � � S � EXHIBIT A (B)The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and Three / Quarters percentage points ( 2.7500 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D)below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D)Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8.6250 % or less than 4.6250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than Two percentage point(s)( 2.0000 %) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 11.6250 %• (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. 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 any 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 dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my•monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. 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 educ,tign ,ill be,treatec),. as a partial Prepayment. h "" ; 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 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 5.0000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. CROWDER M/J Form 35��� CD-834N(001 0) Page 2 0l 4 �^Idels: L' S I . ri ,• ,: ,Y; :I :t�,.. .,til . . . . (B) Default If 1 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 to me 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. 8. GIVING OFNOTICES 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. 9. 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. 10. 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. 11. 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: (A) UNTIL MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. 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 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. CROWDER M/J Form 3593 1/t' -834N fool 0) Page 3 of 4 Initials: •/�; 0 • (B) WHEN MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION 11(A) ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT SHALL INSTEAD BE DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. 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 Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, 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 ) A D SEAL(S)OF THE UNDERSIGNED. ' A (Seal) 111.1: JI/ _ .116 . . (Seal) 'ichael L. Crowder -Borrower J. e D. Crowder -Borrower • (Seal) _ (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Pay to the Order of Commercial Federal Mortgage Corporation [Sign Original Only] Without Rec. rse b2--- By: The Mortga 7ompany Larry S. Cu ran Vice President CROWDER M/J .-- CD-834N lootc” Page 4 or 4 • Form 3593 1/01 LAI:D+ rITLE SERVICES, INC. .; RESISREBETER SEMI C� SALAD COUNTY KANSAS 136 N,-7th Street • Book—Page : 1009-1876 . aitna, KS 67401 Receipt I: 2287 Recording Fee: $44, FILE Mortgage 0: 1094 Mortgage Aat: $87 550. Registration Tax: SK7.63 =•• *+ ,Date Recorded: 4/1272002 1:08:56 PM • Return To: Prepared By: Regina D. Nely --ISpace Above This Line For Recording Data]-10-a-0---44--- -- . MORTGAGE • DEFINITIONS Words used in multiple sections of this document are defined below and other words arc 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 April 12. 2002 together with all Riders to this document. (B) "Borrower" is Michael L. Crowder and Jaime D. Crowder, Husband and Wife • Borrower is the mortgagor under this Security Instrument. (C) "Lender" is The 'Mortgage Company • Lender is a a corporation organized and existing under the laws of Kansas • CROWDER M/J KANSAS-Single Family-Fennie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3017 1/01 • CD-60(S)to2o21 ICI*.` L Page 1 of 15 MW 02/02 Initials: ++ VMP MORTGAGE FORMS-(800)521-7 it 1 EXHIBIT B Book—Page: 1009-1877 Lender's address is 155 N. 7th Street: PO Box 3527, Salina , KS 67402-3527 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated April 12, 2002 The Note states that Borrower owes Lender Eighty Seven Thousand Five Hundred Fifty and no/100 • Dollars (U.S. $87,550.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May 1. 2032 . (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 Condominium Rider Second Home Rider Balloon Rider I Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Other(s) [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 Assessinents" 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. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), 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 "federally related mortgage loan" even if the'Loan does not qualify as .-"fe er lye rel ed-mortgage loan"under RESPA. itlj t t.I:V 'j CROWDER M/J 1.4' PR 1 5 2002 ®6(KS)10202) Page 2 orisOk Form 3017 1/01 4BY SALINE COUNT' ';:';,7f:'�';'.w..w .t • rJV"•,b !,"•':.aI3•t7 o k—Pa ge : 10 9-1878 • (I)"Successor in Interest of Borrower" means any party that )ias 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 [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] The East Six (6) Feet of Lot Nineteen (19) and all of Lot Twenty (20) , Replat of Block Five (5) , Oakdale Addition to the City of Salina, Saline County, Kansas Parcel ID Number: 04985 which currently has the address of 640 Johnstown Avenue [Street] Salina [City], Kansas 67401 [Zip Code] ("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. AIL 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 CROWDER M/Jro6. '�/ -61KS) (02021 Page 3 of 15 Form 3017 1/01 Book—Page: 1009-1879 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 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-Itetrt-S-pnless�Lenderkwaives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may'waive>Bo'rro'Swer's obligation to pay to Lender Funds for any or all Escrow Items at any time. ,Any s rl ch waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when I where payable, the amounts CROWDER M/J I APR 1 5 ZUUZ In!tials:jig,` ®(KS)(0202) Page 4 of 15 !'�/ n, Folin'a)prI 0 iJf Jn _tiiv 1 • Book—Page : 1009-1880 • qt-* duefo?any Escrow Items for which payment of Funds has been waivel•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 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, instrumentality, 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 Instrument, 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 CROWDER M/J In,t Alp -6(KS) (0202) Page 5 of 154116. Form 3017 1/01 Book—Page : 1009-18B1 • 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. 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 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. 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-obligat in of Borrower. If the restoration or repair is not economically feasible or Lender's security would be�IessenetI`thetins ranee 1 I°l proceeds shall be applied to the sums secured by this Security Instrument, wither-or.-no�..th n duiwith CROWDER M/J .44P2 1 5 2002 In'ial 6(KSl 10202r Page 6 of 75 Co- Form 3017_1/01 /n' SaLt5COUNTY I _. .�;. -.';'%1;--....,'••.4 .411i.;:;Sh ,;Book—Rage : 1009-1BB.Z • the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. ' 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 which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable CROWDER M/J L' Initials: tit -6(KS)l0202) Page 7 0 15 Form 3017 1/01 Book—Page : 1009-1883 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 IeasehoId, 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). 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 ex forl.7a sure,,o +\th� premiums paid to the insurer, the arrangement is often termed "captive reinsur ce." Furtiierr,\�f' (a) Any such agreements will not affect the amounts that Borrow r has-agreed""o pay for Mortgage Insurance, or any other terms of the Loan. Such agreements wi not increase the amount) Borrower will owe for Mortgage Insurance, and they will not entitle Borro r to any �fttrdA 5 CROWDER M/J l 4 e-- c°" If,il j { It Initials: 7-'''' -,r ' - . ^ t1 s, tY CO-6( (0202) Page of 15 'S Form;301'7- 11W 0 ` • Book—Page ; 1009-1884 Lr (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 any, 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. 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. CROWDER M/J _. Initials. -6(KS)102021 Page 9 of 15 Form 3017 1/01 m � Book—Page : 1009-1885 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 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 Iimits 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. CROWDER M/J f , ' (,.),.,;,; tnit als: ,li a'al ,�..k./ CD-6(KS)(0202) Page 10 or 15 g-----Form-301-7-1/01 i ' APR 152002_ ,•-. ;,•:•.,:.,., :Book—Page : 1009-1886 Fl.._ Governing Law; Severability; Rules of Construction. This Security Instrument shall be goveme"d�by federal law and the law of the jurisdiction in which the Property0s 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. 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 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. 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 Instrument) 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 he made and any other information RESPA CROWDER M/J CD-6(KS)t02021 Page 11 of 15 �� Form 3017 1/01 Book—Gage : 1009-1887 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 'ban'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 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 art Environmental Cleanup. P I t7 l: n' CROWDER M/J LAPR152O1 -6(KS)(0202) Page 12 of 15 --� Form 3017 1101 • f. ....,.,yam51 . Book-Page : 1009-1888 • • • NON-UNIFORM COVENANTS. Borrower and Lender furthec'`dovenant 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, 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. • • • • • CROWDER M/J Ini[ials' ®-6(KS)(0202) Pape 13 of 15 ‘474/� Form 3017 1/01 Book—Page : 1009-1889 • 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: 1 (Seal) )jhae1 L. Crowderg------ -Borrower 1. Its I r al II I (Seal) J. e D. Crowder -Borrower �___---.-_-- (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower • (Seal) (Seal) -Borrower -Borrower • M��f�,0 E0 r-- APR 1 5 2002 6Y SALINE COUNTY CROWDER M/J C®6(KSI 10202) Page 14 of t5 Form 3017 1/01 Book—Page : 1009-1890 • • STATE OF KANSAS, •SALINE County ss: • BE IT REMEMBERED, that.on this 12th day of April, 2002 before me, the undersigned, a Notary Public in and for the County and State aforesaid, personally appeared Michael L. Crowder and Jaime 0. Crowder: Husband and Wife to me personally known to be the same person(s) who executed the above and foregoing instrument of writing, and duly acknowledged the execution of same. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal on the day and year last above written. My Commission Expires: November 18, 2002C • ]� Notary Public tr. : S . CURRAN Larry S. Curran *- Notary. LARRY Type Name Sta d Kansas '_ yP !i'•. fly A Expire. t t 11$ 2434"4- • • • • • • CROWDER M/J • Irtitfels: ezit! ©-6(KS){02021 Pape 15 of 15 Form 3017 1/01 eabd • Book—Page : 1009-1891 . r: • .F INITIAL PERIOD FIXED/ADJUSTABL•E.RATE RIDER (1 Year Treasury Index-Rate Caps) . THIS ADJUSTABLE RATE RIDER is made this 12th day of April . 2002 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to The Mortgage Company, a corporation (the "Lender")of the same date and covering the property described in the Security Instrument and located at: 640 Johnstown ,Avenue,Salina ,KS 67401 [Property Address] THE NOTE CONTAINS PROVISIONS- ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 6.6250 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A)Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of May, 2007 , and the adjustable interest rate I will pay may change on that CROWDER M/J 0 MULTISTATE FIXED/ADJUSTABLE RATE RIDER(Nonassumable Fixed)-Single Family- Freddie Mac UNIFORM INSTRUMENT -834R (0008) Form 3195 1/01 Page 1 of 5 MW 08/00 Initials' - ZC— VMP MORTGAGE FORMS-(8' -7 91 Book—Page : 1009-1892 • day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C)Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and Three / Quarters percentage points ( 2.7500 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. • (D)Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8.6250 % or less than 4.6250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than TWO percentage point(s) ( 2.0000 %) from the rate of interest I have been paying for the preceding twelve months. My interest rate will never be greater than 11.6250 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. CROWDER M/J ,,'7 0 Initials: A ©-834R(0008) Page 2 of 5 Form 3195 1/01 M1CROrLMED • APA 7 5 2002 BY NE COIF • '` Book—Page : 1009-1893 • (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment beforethe effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. UNTIL BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT SHALL BE IN EFFECT AS FOLLOWS: 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. - 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 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. CROWDER M/J �� 0 Initial . `/' ©-834R (00081 Page 3 of 5tik. Form 3195 1101 I Book—Page : 1009-1894 • 2. WHEN BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION B1 ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND THE PROVISIONS OF UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT SHALL BE AMENDED TO READ AS FOLLOWS: 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. 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 Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, 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. CROWDER M/J0 • initials: ,ice ‘....- C)-8348 Q.834R(0008) Page 4 of 5 Form 3195 1/01 411 • MiCROFILNIED APA 1 5 2002 • by SALINE CO1JNT • •: ` '• Book—Page . 1009-1895 ..a • s+9w.oe! 4,r tw,. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. 2 /74074:4‘2 (Seal) Oki 1111 1 _ .� I $ $ I (Seal) chael L. Crowder -Borrower •1 m• D. Crowder -Borrower (Seal) (Seal) -Borrower -Borrower _-_-_—(Seal) -_- ._ ._(Seal) • -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower CROWDER M/J - 0 4D-834R(0008) Page 5 of 5 Form 3195 1/01 • • • Lig��3 r I�� ROISTEROf SEMI el (\)+ • SALINE COUNTY IUIN9AS Book—Page: 1015-945 Receipt 1: 3568 Reco dingg��Fee: $5.N • Date Recorded: 6/25/2812 8:31:09 AM r.• Loan Number: MIN: MERS Phone: 1-888-679-6377 ASSIGNMENT OF NOTE AND MORTGAGE FOR VALUE RECEIVED,The Mortgage Company, its successors and assigns, hereby assigns and transfers to Mortage Electronic Registration Systems,Inc. its successors and assigns,as nominee for Commercial Federal Mortgage Corp., its successors and assigns,P.O. Box 2026, Flint,Michigan 48501-2026, all its right,title and interest in and to a certain mortage executed by • Michael L . Crowder and Jaime D. Crowder. Husband and Wife to Assignor,datedo 4 i 12/0 Z and recorded in Mortgage Book 009,at pages 176 ,at the office of the Register of Deeds of SALINE County,Kansas,mortgaging the • following described real estate to-wit: Record ed; .APRIL /a I Q.oxn-- The East Six (6) Feet of Lot Nineteen ( 19) and all of Lot Twenty (20) . Replat of Block Five (5) . Oakdale Addition to the City of Salina . Sa1i•ne County: Kansas • together with that certain Note of even date therewith therein described and the money to become due thereon with interest provided therein. IN WITNESS WHEREOF, Assignor has executed this Assignment at Salina,Kansas on 04/12/02. /4/7":.. THE MORTGAGE COMPANY �r By doom', C jury S . Curran S1, J ce President State of Kansas) • )ss: '•, County of Saline) • The foregoing instrument was acknowledged before me on the day last above written by Larry S. Curran , Vice President of The Mortgage Company,a Kansas Corporation as the act and deed of said corporation. • REGINA D.NELY de TARY PUBLIC STATE oF re red v&Return To: tion b Oakes 1-800-492-8880 • JV. Courthouse Connection 120 W.Wieuca Suite 203 •;• ttanta;GA 30342 CFM Project I111111111111111111111III11111111111111111111111111111111111111I I III 1111IIII �. REBECCA SEEMAN //:::" REGISTER REGISTER OF DEEDS SALINE COUNTY KANSAS ;, Book:1434 Page: 953-954 t: ,,,/Receipt #: 150668 Recording Fee: $24.00 Pages Recorded: 2 (A).j-V Date Recorded: 1/18/2024 8:36:37 AM MARGIN ABOVE RESERVED FOR RECORDING INFORMATION PREPARED,SUBMITTED,AND RETURN TO: MELISSA LEE SOUTHLAW,P.C. 13160 FOSTER,SurrE 100 OVERLAND PARK,KS 66213-2660 (913)663-7600 ASSIGNMENT OF MORTGAGE C DATE OF INSTRUMENT: I". ^ ZoZy ASSIGNOR: Mortgage Electronic Registration Systems,Inc.,as mortgagee,as nominee for Commercial Federal Mortgage Corp.,its successors and assigns P.O. Box 2026, Flint,MI 48501-2026 ASSIGNEE: BMO Bank N.A. 1 Corporate Drive Suite 360 Lake Zurich,IL 60047-8945 AFFECTED INSTRUMENT: April 12,2002,in Book No. 1009,at Page 1876 LEGAL DESCRIPTION: The East Six(6)feet of Lot Nineteen(19) and all of Lot Twenty(20),Replat of Block Five(5),Oakdale Addition to the City of Salina,Saline County,Kansas MIN: MERS Phone: 1-888-679-6377 File No. 243068 Book 1434 Page: 954 ASSIGNMENT OF MORTGAGE Mortgage Electronic Registration Systems,Inc., as mortgagee,as nominee for Commercial Federal Mortgage Corp.,its successors and assigns,whose address is P.O. Box 2026, Flint,MI 48501-2026 ("Assignor"), assigns, transfers and sets over to BMO Bank N.A.,whose address is 1 Corporate Drive Suite 360, Lake Zurich,IL, 60047-8945 ("Assignee"),all attendant liens,rights in the following described Mortgage: Original Loan Amount: $87,550.00 Recording Date:April 12,2002,in Book No. 1009,at Page 1876 Original Borrower(s): Michael L. Crowder and Jaime D.Crowder,Husband and Wife Original Mortgagee/Beneficiary: The Mortgage Company $ The legal description contained in the security instrument is as follows: The East Six(6)feet of Lot Nineteen (19)and all of Lot Twenty(20), Replat of Block Five (5), Oakdale Addition to the City of Salina, Saline County, Kansas, commonly known as 640 Johnstown Ave, Salina, Kansas 67401 (the"Property") 1 Mortgage Electronic Registration Systems, Inc.,as mortgagee,as nominee for Commercial Federal Mortgage i r 1., its successors and assigns ("Assi: or") By: �/ Arf /ice Printed Name:JC kelei �- t1 fhv,o of Title: V 1 C_ si cieh/ - Date: E - S- 202 Li 1 ACKNOWLEDGMENT STATE OF w(SCerni:a:,..) ) ) ss. COUNTY OF 1./OA4/be8E14 ) BE IT REMEMBERED,that on this day of —34i-+.A;42+( ,20 24 ,before me the undersigned,a notary public in and for the county parish and state,came Chef2 / 11-1410.$) ,who is the same V, person who executed this instrument as cc P�psic(e' - (Title)of Mortgage Electronic Registration Systems,Inc.,as mortgagee,as nominee for Commercial Federal Mortgage Corp.,its successors and assigns,and such person acknowledged the execution to be the act and deed of the corporation.In witness, I have set my hand and affixed by official seal the day and year last above written. Notary Public: �r �i�i' --- MATTHEW PLOTZ 'ion- - NOTARY PUBLIC i1 Printed Name: 1eU, STATE OF WISCONSIN p ---.~---•-- ---� My Commission Expires: 6 1191 7-047 MIN: MERS Phone: 1-888-679-6377 File No.243068 00 demi.