Tyler Schulze Foreclosure Summons & PetitionELECTRONICALLY FILED
2024 Aug 16 PM 4:38
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA -2024 -CV -000176
PII COMPLIANT
€;fit t 3 E IN THE 28th JUDICIAL DISTRICT
DISTRICT COURT OF SALINE COUNTY, KANSAS
West Gate Bank, )
Plaintiff, )
V ) Case No. SA -2024 -CV -000176
Tyler Schulze et. al., )
Defendant. )
Defendant's Name and Address:
City of Salina. Kansas
Nikki Goding, City Clerk
300 W Ash St.. Room 206
Salina, KS 67401
Proceeding Pursuant to K.S.A. Chapter 60
SUMMONS
To: City of Salina, Kansas
(Defendant's name)
A civil lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you
received it), you must serve on the plaintiff an answer to the attached petition or a motion
under K.S.A. 60-212. Under Kansas Supreme Court Rule 113, you may seek from the
clerk of the court an extension of up to 14 additional days to serve and to file an answer
or a K.S.A. 60-212 motion.
If you fail within 21 days to serve and to file an answer or a K.S.A. 60-212 motion or
obtain a Rule 113 extension, the court may enter default judgment against you for the relief
Rev. 12/2022 KSJC
State of Kansas, County of Saline, S.S.
I hereby certify the within to be a
true copy of the original writ with the
endorsements thereof.
8horiff
t !f' ? t,, i? V l I•! 9
L �
Li�' V
West Gate Bank,
ELECTRONICALLY FILED
2024 Aug 16 PM 4:38
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA -2024 -CV -000176
PII COMPLIANT
IN THE 28th JUDICIAL DISTRICT
DISTRICT COURT OF SALINE COUNTY, KANSAS
Plaintiff, )
V )
Tyler Schulze et. al., )
Defendant. )
Defendant's Name and Address:
City of Salina, Kansas
Nikki Goding, City Clerk
300 W Ash St.. Room 206
Salina, KS 67401
Proceeding Pursuant to K.S.A. Chapter 60
�.�II�jI►,101►I+71
To: City of Salina, Kansas
(Defendant's name)
A civil lawsuit has been filed against you.
Case No. SA -2024 -CV -000176
Within 21 days after service of this summons on you (not counting the day you
received it), you must serve on the plaintiff an answer to the attached petition or a motion
under K.S.A. 60-212. Under Kansas Supreme Court Rule 113, you may seek from the
clerk of the court an extension of up to 14 additional days to serve and to file an answer
or a K.S.A. 60-212 motion.
If you fail within 21 days to serve and to file an answer or a K.S.A. 60-212 motion or
obtain a Rule 113 extension, the court may enter defaultjudgment against you for the relief
State of Kansas, County of Saline, S.S.
I hereby certify the within to be a
true copy of the original writ with the
endorsements thereof.
Rev. 12/2022 KSJC '
8hariff
'ELECTRONICALLY FILED
2024 Aug 16 PM 4:38
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA -2024 -CV -000176
PII COMPLIANT
Millsap & Singer, LLC
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS
CIVIL DEPARTMENT
West Gate Bank
Plaintiff,
VS.
Tyler R. Schulze
Serve At:
215 W Jewell Ave.
Salina, KS 67401
John Doe
Serve At:
215 W Jewell Ave.
Salina, KS 67401
Jane Doe
Serve At:
215 W Jewell Ave.
Salina, KS 67401
City of Salina, Kansas
Serve At:
Nikki Goding, City Clerk
300 W Ash St., Room 206
Salina, KS 67401
United States Secretary of Housing and
Urban Development
Serve At:
451 7th Street SW
Washington, DC 20410
And to:
950 Pennsylvania Ave.
Washington, DC 20530
1
(IIII VIII VIII li II VIII IIII IIII II I III III I VIII VIII IIII III
MS File No. 199325.446673 KJFC
Cause No.
Court No.
Title to Real Estate Involved
Pursuant to K.S.A. §60
And to:
1200 Epic Center, 301 N. Main
Wichita, KS 67202
Kansas Housing Resources Corporation
Serve At:
Erin Beckerman
611 S Kansas Ave., Suite 300
Topeka, KS 66603
Mercedez L. Keller
Serve At:
120 E Ellsworth Ave
Salina, KS 67401
And to:
215 W Jewell Ave.
Salina, KS 67401
Eugene R. Moravec (Deceased)
Hold for Service by Publication
Unknown Heirs of Eugene R. Moravec
Hold for Service by Publication
And,
The Unknown Heirs, executors,
Administrators, devisees, trustees,
Creditors, and assigns of Any deceased
defendants; the unknown spouses of any
defendants; the unknown executors,
administrators, devisees, trustees, creditors,
successors and assigns of any defendants
that are or were partners or in partnership;
and the unknown guardians, conservators
and trustees of any defendants that are
minors or are under any legal disability and
all other person who are or may be
concerned;
Defendants.
111111 IIII IIIII1111111111 f ILII IIII II 1111 III I IIIII IIIII II I III
MS File No. 199325.446673 KJFC
8. Defendant, Kansas Housing Resources Corporation has an interest in the
underlying Property that is the subject of this suit located in Saline County, Kansas and may be
served by delivery of the petition and summons to 611 S Kansas Ave. Suite 300, Topeka, KS
66603.
9. Defendant, Mercedez L. Keller has an interest in the underlying Property that is
the subject of this suit located in Saline County, Kansas and may be served by delivery of the
petition and summons to 215 W Jewell Ave., Salina, KS 67401, and to 120 E Ellsworth Ave,
Salina, KS 67401.
10. Defendant, United States Secretary of Housing and Urban Development has an
interest in the underlying Property that is the subject of this suit located in Saline County, Kansas
and may be served by delivery of the petition and summons to 451 7th Street SW, Washington,
DC 20410, and to 950 Pennsylvania Ave., Washington, DC 20530, and to 1200 Epic Center, 301
N. Main, Wichita, KS 67202.
11. Plaintiff seeks to serve by publication all those known and unknown parties as set
forth in K.S.A. §60-307.
12. The Property which is the subject of this action ("Property") is known and
numbered as 215 W Jewell Ave., Salina, KS 67401 and is legally described as follows:
THE EAST FIFTY FEET (E50') OF LOTS FIFTY (50), FIFTY-TWO (52), AND
FIFTY-FOUR (54) ON NINTH (9TH) STREET, GROUNDS OF KANSAS
WESLEYAN UNIVERSITY, AN ADDITION TO THE CITY OF SALINA,
SALINE COUNTY, KANSAS, TOGETHER WITH THE WEST SEVEN AND
FIVE TENTHS FEET (W7.5') OF VACATED ALLEY.
Parcel ID No. 11413
13. On May 13, 2016, Tyler R. Schulze executed a Note ("Note") in exchange for
I�IIII VIII IIIIIIIDIIII��"�III)�IIIIVIIIIIIIItIII€III (III
MS File No. 199325.446673 KJFC
loaned funds in the principal sum of $76,821.00, together with interest. The Note provides that
the principal and interest are payable in monthly installments until fully paid. A true and correct
copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.
14. On May 13, 2016, Tyler R. Schulze executed a Mortgage ("Mortgage") to West
Gate Bank to secure repayment of the Note. A true and correct copy of the Mortgage is attached
hereto as Exhibit "B" and incorporated herein by reference.
15. The Mortgage was recorded on May 13, 2016, in the office of the Register of
Deeds for Saline County in Book 1312 Page 190. The mortgage registration tax was paid in full.
16. Subsequent to the execution of the Note and Mortgage, Tyler R. Schulze entered
into a Loan Modification Agreement dated March 26, 2020, whereby the terms of repayment
under the Note were modified and a new unpaid principal balance was agreed upon in the
amount of $59,439.56 together with interest. A copy of the 2020 Loan Modification is attached
hereto and incorporated by this reference as Exhibit "C".
17. Plaintiff is the current holder of the Note, is entitled to enforce the terms and
provisions of the Note and Mortgage and has the right to foreclose and bring its other claims
relating to the Property through this suit.
COUNT I-OUIET TITLE
18. Paragraphs 1-16 are incorporated by reference as if fully stated herein.
19. On April 2, 1992, George C. Brown and Marjorie Bush Brown, husband and wife,
executed a Joint Tenancy Warranty Deed, conveying their interest in the subject Property to
Eugene R. Moravec and Mary M. Moravec, husband and wife, as joint tenants with full rights of
survivorship. Said Joint Tenancy Warranty Deed was recorded May 26, 1992, in Deed Book 363
Iflllllllillllllllllillllll[IIIIII)IIIiIITIIIIIQIIIIIII[III
MS File No. 199325.446673 KJFC
Page 142. A copy of said Joint Tenancy Warranty Deed is attached hereto as Exhibit "D" and
incorporated herein by reference.
20. Upon information and belief, Eugene R. Moravec died September 17, 1997.
21. Upon information and belief, all right, title, and interest in the Property held by
Eugene R. Moravec was conveyed to Mary M. Lamoureaux, formerly known as Mary M.
Moravec upon his death by operation of the Kansas Warranty Deed more fully described in
Paragraph 18.
22. Upon information and belief, Eugene R. Moravec holds no right, title, or interest
in the subject Property.
23. The claims of Eugene R. Moravec and/or the Unknown Heirs of Eugene R.
Moravec, if any, are adverse to the rights of Plaintiff and constitute a cloud on the chain of title
to the Property and threaten the priority of the lien of Plaintiff in and to the Property.
WHEREFORE, Plaintiff prays this Court grant relief and judgment declaring,
ascertaining and adjudging the title and interests of the respective parties in and to the Property,
and declare that Plaintiff has a valid, first priority lien encumbering the entire Property.
Plaintiff further prays this Court enter judgment declaring that the rights of the fee simple
owners of the Property are subject to the interests of Plaintiff's Mortgage, and that the interests
of the remaining defendants herein, and any other persons or entities claiming an interest in and
to the Property are junior and inferior to the interests of Plaintiff by virtue of the Mortgage.
Plaintiff further prays this Court enter judgment in its favor declaring that all right, title,
and interest in the Property held by Eugene R. Moravec has been fully conveyed and
extinguished and that Eugene R. Moravec (Deceased) and the Unknown Heirs of Eugene R.
IIII VIII I III (IIII IIII IIII IIII II I II I III I Illli IIII IIII IIII
MS File No. 199325.446673 KJFC
Moravec (Deceased) have no right, title, or interest in the Property.
Plaintiff further prays this Court quiet title to the Property in favor of Tyler R. Schulze,
subject to Plaintiff's first lien mortgage recorded on May 13, 2016 in the office of the Register of
Deeds for Saline County in Book 1312 Page 190, and that no other entity or individual has a
greater interest.
COUNT II -MORTGAGE FORECLOSURE
24. Paragraphs 1-23 are incorporated by reference as if fully stated herein.
25. The Mortgage provides that the mortgagor will promptly pay the principal and
interest of the indebtedness evidenced by the Note at the same time and in the same manner
therein provided and if there shall be a default in any of the terms, conditions or covenants of the
Mortgage or of the Note secured thereby, then any sums owing by the mortgagor to the
mortgagee shall, at the option of the mortgagee, become immediately due and payable and that
the mortgagee shall have the right to foreclose on said Mortgage.
26. Tyler R. Schulze has failed, neglected and refused to make the payments due
under the Note and Mortgage from March 1, 2024, and is in complete default and the conditions
and covenants contained in said Note and Mortgage have been broken and Plaintiff has exercised
its right to declare the entire amount due on and owing under and by virtue of the Note, the entire
sum secured by the Mortgage. Notice of the default has been given according to the terms of the
Mortgage. The Mortgage is subject to foreclosure and should be foreclosed and the Property
should be advertised and sold according to law to pay all or a portion of said indebtedness due
Plaintiff.
27. As a result of the foregoing default, there is now due and owing the sum of
I Il�ll II'I VIII[ II II VIII II'lt III) �! I III IIII' ILII VIII (III III
MS File No. 199325.446673 KJFC
$56,110.36 together with interest thereon as stated in the Note until paid in full, and Plaintiff's
costs incurred herein, including but not limited to, title search expenses advanced by Plaintiff,
publication costs, taxes and any other sums which Plaintiff has or may hereafter advance and pay
under the terms and conditions of said Note and Mortgage, including reasonable attorney fees.
28. At the time of the default in the payment of Plaintiff's mortgage herein above
described, less than one-third of the original indebtedness secured by the Mortgage had been
paid and the defendant owner's right of redemption should be limited to three (3) months from
date of sale.
29. Tyler R. Schulze is the title owner of the Property. Any such interest is subject to
Plaintiff's first lien position.
30. Defendant Jane Doe may have a possessory interest in the Property. Any such
interest is junior, inferior, and subject to Plaintiffs first lien position.
31. Defendant John Doe may have a possessory interest in the Property. Any such
interest is junior, inferior, and subject to Plaintiff s first lien position.
32. Defendant City of Salina, Kansas may have an interest in the Property as a result
of a lien recorded on August 23, 2023, in Book 1429 Page 1231 in the original amount of
$182.50. Any such interest is junior, inferior, and subject to Plaintiffs first lien position.
33. Defendant Kansas Housing Resources Corporation may have an interest in the
Property as a result of a second mortgage recorded on May 13, 2016, in Book 1312 Page 200 in
the original amount of $12,900.00. Any such interest is junior, inferior, and subject to Plaintiffs
first lien position.
34. Defendant Mercedez L. Keller may have a possessory interest in the Property.
VIII VIII I III VIII [IIII VI II IIII II I III IIIN Illll (IIII IIII II II
MS File No. 199325.446673 KJFC
Any such interest is junior, inferior, and subject to Plaintiff's first lien position.
35. Defendant United States Secretary of Housing and Urban Development may have
an interest in the Property as a result of a Partial Claim Mortgage recorded on May 4, 2020, at
Book 1371 Page 270 in the original amount of $21,725.88. A true and correct copy of said
Mortgage is attached hereto as Exhibit "E" and incorporated herein by reference. Any such
interest is junior, inferior and subject to Plaintiff s first lien position.
36. Unknown Heirs may assert some interest in the Property by virtue of their
occupancy of the Property, but any such interest is inferior and subordinate to the lien of the
Plaintiff.
37. 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 such Defendant Borrower converted to a Chapter 7 proceeding, and a
discharge was granted, that Defendant Borrower will have no personal liability in this action. 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 in this action.
38. None of the Defendants are subject to the provisions of the Servicemembers Civil
Relief Act of 2004, as amended.
39. The Mortgage constitutes a first and prior lien against the Property, subject only
to any delinquent real estate taxes.
WHEREFORE, Plaintiff prays for an in personam judgment against Tyler R. Schulze
and his interest in and to the Property in the sum of $56,110.36, together with interest thereon as
I IIIIII I III IIIII IIIII IIII (IIII IIII � I III III I IIT III' IIII IIII
MS File No. 199325.446673 KJFC
stated in the Note until paid in full, Plaintiff's costs incurred herein, including but not limited to,
title expenses advanced by Plaintiff, publication costs, taxes and any sums which Plaintiff has or
may hereafter advance and pay under the terms and conditions of said Note and Mortgage,
including reasonable attorney fees.
Plaintiff further prays that the Mortgage of Plaintiff hereinabove described be decreed to
be a valid first and prior lien upon the Property and that the Mortgage be foreclosed and that the
Property be ordered sold according to the law and the proceeds of said sale be applied as follows:
FIRST: To the action payment of costs and accruing costs of this action;
SECOND: To the payment of any real property taxes that may be due and unpaid
upon the Property;
THIRD: To the payment of the indebtedness due this Plaintiff as hereinbefore set
forth;
FOURTH: The surplus to be paid in accordance with the order of the Court herein.
Plaintiff further prays that Tyler R. Schulze, Jane Doe, John Doe, City of Salina, Kansas,
Eugene R. Moravec, Kansas Housing Resources Corporation, Mercedez L. Keller, United States
Secretary of Housing and Urban Development and the Unknown Heirs be forever barred and
restrained from setting up and claiming any right, title, interest, estate, equity or lien in, to, or
upon the Property or any part thereof except the equity of redemption under the Sheriff's Sale
that shall be limited to three (3) months from the date of said sale, except as to Defendant United
States Secretary of Housing and Urban Development which, on information and belief, does not
retain a redemption right, and for such other and further relief as the court may deem just and
proper.
Plaintiff further prays that the Sheriff of Saline County, Kansas be ordered to execute to
111111 IIIII IIIII IIII! IIIII III I IIII !IIII III I IIIII IIIII I III IIII
MS File No. 199325.446673 KJFC
the purchaser at said foreclosure sale a good and sufficient Certificate of Purchase and if the
Property is not redeemed within three (3) months from the date of Sheriff's Sale, the Sheriff shall
deliver to the holder of said certificate a good and sufficient Sheriff's Deed to the Property
further, that defendants be forever barred and enjoined from setting up or asserting any claim to,
interest in, or lien on the Property.
Plaintiff further prays that after delivery of a Sheriff's Deed, that the Sheriff of Saline
County, Kansas be ordered to place the holder of said Deed in possession of the Property and, if
necessary, and upon praecipe therefore, a writ of assistance be issued by the Clerk of the Court
without further order herein, to aid said Sheriff in placing holder of said Deed in possession of
the above described real estate and for such other relief as the Court may deem just.
IulllIIIIII I'lIIIIIIIIIII'IIIIIIII�IIIIIIII'IIII'IIIIIII)IIII
MS File No. 199325.446673 KJFC
Respectfully submitted,
MILLSAP & SINGER, LLC
By:
Victor B. Finkelstein, #13410
vfinkelstein@msfirm.com
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
By: /s/Aaron M. Schuckman
Dwayne A. Duncan, #27533
dduncan@msfirm.com
Aaron M. Schuckman, #22251
aschuckman@msfirm.com
612 Spirit Dr.
St. Louis, MO 63005
(636) 537-0110
(636) 537-0067 (fax)
ATTORNEYS FOR PLAINTIFF
MILLSAP & SINGER, LLC IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IIIIIIIIIIIIIIIIII�IIIII111111111111111111 1111l111 IIII
MS File No. 199325.446673 KJFC
U
Exhibit A
LOAN #_
14
May 13, 2016 Lincoln, Nebraska
[Date? IcitY] t8tatel
296 W Jewell Ave, Salina, KS 67401
[Property Address]
1, BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $76,821.00 (this amount is called "Principal"},
plus interest, to the order of the Lender. The Lender Is West Gate Bank.
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
LA entitled to receive payments under this Note is called the 'Note Hoider.'
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 3.750 °%,
.The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section
6(8) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I wilt pay principal and Interest by making a payment every morth.
I will make my monthly payment on the 1st day of each month beginning on July 1, 2016.
1 will make these payments every month until l 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 and any other items in the order described in the Security Instrument before Principal. If, on
June 1, 2046, 1 still owe amounts under this Note, I wiA pay those amounts in full on that date, which is
called the "Maturity Date.'
I will make my monthly payments at 6003 Old Cheney Road
Lintoln, NE 68516
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the arnount of U.S. $355.77.
4, BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any throe before they are due. A payment of Principal only is known
as a'Prepayment ` When I make a Prepaymerrt, I will tell the Note Holder in wridng that I am doing so. I may not designate
a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use
ray 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 Prepaymentto reduce the
Principal amountof the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of
my monthly payment unless the Note Holder agrees in writing to those changes.
S. LOAN CHARGES
If a law, which applies to this loan and which sets maxirnum loan charges, is finalty 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 Emit 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 t owe under this Note or by making a direct payment to me. # a refund reduces Principal, the
reduction will be treated as a partial: Prepayment
6. BORROWER'S FAILURE TO PAY AS REQU1REn
(A) Late Charge for Overdue Payments
If the Note Halder has not received the full amount of any monthly payment by the end 01`.15 calendar days alter
the date it Is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 % of my overdue
payment of principal and Interest. I will pay this late charge promptly but only once on each late payment
(B) Default
If [do not pay the full amount of each montihly payment on the date lis due, I will be in default
(C) Notice of Default
If t am in default the Note Holder may send me a written notice tailing me that if I do not pay the overdue amount by a
certain date, the Note Heider may require me to pay immediately tt.e full amount of Principal which has not been paid and
MULMYATE FIXED RATE NOTE - Single Family -Fannie MacTreddle Mac UNIFOFM INSTRUMEM Form 32001!81
ModMed fbr FHA 9115 (rev. 2,19)
Eih Mae, Hc. Page t c1` Fi3200 NO
T 0216
FHA3200i`10T (MS)
0.1112!2018 0921 AM PV
LOAN#
all the interest that 1 owe on that amount. That date must be at (east 30 days after the date on which the notice
to me or delivered by other means.
(0) No Waiver By Nota 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 immedisteiy in fult as described above, the Note Holder wilt have the right
to be paid back by me for all of its costs and expenses In enforcing this Note to the extent not prohibited by applicable
law. Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note wilt 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 malting R by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address V I am given a notice
of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
if more than one person signs this Note, each person Is fully and personalty 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 mate
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,
S. WAIVERS
I and any other person who has obligations under this Note waive the rights or Presentment and Notice of Dishonor.
'Presentment" means the right to require the Note Holder to demand payment of amounts due. 'Notice of Dishonor'
means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note Is a uniform Instrument with limited variations in some jurisdictions, In addition to the protections given to
the Note Holder under this Note, a Mortgage, Deed of Trust. or Security Deed (the'Security Instrument"), dated the same
date as this Note, protects the Note Holder from possible losses which might result I i do net keep the promises which I
make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate
payment in full of all amounts I owe under this Note. Some of those conditions are described as follows:-
If
ollows:If all or any part of the Property or arry interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is soli ortransferred) without lender's priorwritten 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 Lander exercises this option, '_ender shell 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 14 within which
Borrower must pay all sums secured by this Security Instrument If Borrow fails to pay these sums prior to tike
expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
1
Lander. Bank
NMLS lD�
Broker: First Bank Kansas
NMLS ID: -
Loan Or]
NMLS ID
;Sign Original Only}
MULTISTATE FDM13 RATE NOTE - Single Family- Fannie bfaelFreddis abc uMFoRm INSTRUMFXT form 32001101
Modified for FMA 8115 (rev. 2175)
(tete twrae, l c R Page 2 of 3 FHA3200NOT (CLS)
D6;t2/2016 D9:21 AM PST
Wtihout Recourse
PAY TO THE ORDER OF:
West Gate Bank
i_ C,.11 N
ISign Original Onlyl
MULTISTATE Fl)CW RATE NOTE - Sfrg;e FemGy - Fannie MaeJFreddfe Pat UNIFORM INSTRUMENT Farm =0 1101
Mod. fed for FHA V, 5 (mv. VIV,
E610 raw, ire. Page 3 of R'3 `01440T 0216
FHA3200NOT (CLS)
05ttZW6 0821 M1 PST
--- .MAN
;j ..n. WRR OF [WEDS SALINE COUNTY KANSAS
.; -,RE6Book: x.312 Page: 190-199
Exhibit B '�:• t'fir; 10 - or
Reod♦ng Nee: 114.00
lbrtpap= a #t 634 M Rep Tac $115.23
Peres Recorded,10 MoRgo" Amourrt: 076,821.00
Dade Retarded: 5/13/2016 3:31:30 PM
When rscan:194 return t7 -
West Lists EWA
60W Ofd Cheney Raced
Lhxaln, WE 66516
The Mld4(ansas TMe Co., Inc.
217 North Santa Fe Avet pee
1
Title Order No.:=
LOAN it
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11.0 L-4 _
DEFTrATrM
Words used in rr:Apa sections of itch document are dW*d bedew and other wade are defined in
5eclIono 3,10,12,17,19 and 21. Certain arias regarding the uw2e of words used in We dou+rront are
also PvAded In Sectlon 1 s.
(A) *Securfty tnatttanoW means to document which to dated May 13, 2918 together
with all Riders to Chis doaartent
(B)-Banower- ts TYLER R 3CtMlLZE, A SIMM PtKSON
Borrower is the mcr%pgw under 41fs Secc7fty Inslnrnent
(C)-L4ndar Is West Bate bank
L aider Is a Co mnerh=1 Banit, prgmtW and existing
undertbebmuf Nebraska.
Ltrsler's address is G003 t7M Cheney Road, LJncQhr, ME 93616.
Lender N the mcdoagee under Lids S raft/ Untrwrrert
(D) " Dr W means the pranrtasory nolo sf6rwd by Borrower wW dated My 13, Me.
The Nota states that 8orrawer owes Lender SEVEWrY WX THOUSAND t30HT MMORED TWENTY
ONE AND NOAW'•••••••••••1e*•••r***&*.•••••Ddb"(U.S.$79,631.06 )
pals trorest. Bar mmr has promised to pay this debt In regular Pswlor:a Paymads sad to pay the debt
In fu6 not later them June 1, 2016.
(Q `Property" means the prop" that is deambed below under to ttending'rbwmfer of fttb In
the Property
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Ulu 1312 aye: 141
LOAN
"Loan' mearu Ce debt svtdenced by the Nots, plus tdetsst kala shargae due aider the
a1 s ons due undertto 89curky Instru nwil plus Inta set
*M n6dars' meant ad Mdw to thb SomaV Inattument that ars tumcuted by Borrower. The tbWrg
Rkkn are to be wo mined by BonVwsr (etlecit box as appOcsWel:
Q p condominium R1der 0 Planned Utdt m aeva�,it R Ider
" "Applicable law" nicans all controt&tg appiiaable Wend, state and twat *Ubft3 reguteaCorra,
ordinances and admInla s tvm nits and orders (that hvm the cased of 1sM as well as ag applicable Unca&
non-eppealsbie AKDaW oppAntons.
(1) "CommtafttyAssodatIonDues, Foes, andAsseasrmWmeamalidutmlees. assessmem and
ottiorchargestiat are Imposed on Barrawrorthe Property by a= dominlum i cled, homoovwws
association or 31nibr orgaNusdon.
(J) "Eiecbwdc Funds Trw he means any traruler of funds, cttwr than a katsac5on colglasatad by
check, dralt, or similar paper ins4ument, vAkta is hide ed through an alactrmic tonin 1, tsispirork
Instrument, computer, or magnetic tape W as to ordIK Insbuat, or euCnortze a f ravidal Yltetullon to debit
or ova an account. Such term Inckdaa, W Is not tmCad to, p**QlLa" barialfars, automated tvW
mecNne transactions, transfers InNated by takpNone, %be transfars, and ta/tontated cWvatrl Nx=
aansfors.
(IQ "Escrow Rams' me" arose Ksnsr that we described tan Secwn 3.
(t) 'Wacellanews Proceeds' mmis any compwwv*n, setttemant, award ofdarn ages, orproceeds
paid by any thud party (oltlor than iruurahoe proceeds paid udder the coverages described In Section
4) iter. (f) damage yo, or destru Won of the Properly: pr) cordenvwban or other t§WV or $11 or aryl part of
the Property, M conn poke in to of condemnation; or Qv) mi3reprssauutaCons of, or onia Ws as to,
the value arldtvr d orwjan of the Property,
0YQ "MortMe irm arencs- mews Insurstwe proW*Q lander against the nonpsyrnara of, or do"
on,the Lora.
(to 'plum Payment" awia ns the regWo y ad"led amount due for Q) prttdpal and Interest under
the Nota, plus al) any amounts under Section 3 of ftls &►Ctuflr irmtnxneot.
(o) "RESPA' mews Iter Reat EsUft Settlement Procedtnee Act (12 U.S.C. IM1 at seq.) and its
tmpbffw rig repdattan, RegulatJon X (12 G.F.R. Part 1t12A), as they mutt be amended from time to
time, or any addrdonat or successor I Olation or regrtetlon Cert govarro the same a kfect matter: As
used In the Seoutty Instrument *RESPA* refers to e0 requirements and reshictions that era Imposed
th regard to a *dwW rak tad mortgage toan' even Cthe Lean does nct gauadfy as s "kdentiy related
rnoufgaga ban' under RESPA.
M "Secretary' meas the Secrets y ofthe doled Spates Department of Housing and Urban Davelop-
mast or his dastgrtee.
(rD "Succesw in kctero st of Sonuwar' rnaara any patty that hat taloan Moto Me Prope ty, wtwow
or not /flat party nus assumed Borrh:wm's obitgafwv under the Na6e and/or this Securfty Instrumaat.
TRANSFER OF RIGH78 IN THE PROPERTY
Thea Secutlty Instrument secures to lander. (q the repaynent of the loan, and all ranewela, etcten-
sions mrd mo0cations of the Note; and (0) the parfarmalee of Borrower's covermrsts and aag rewwrls
under this Security Instrument and the Note. For hila purpose, Borrower mortMes and warrants to
Lender and Lend" su=*uors and assigns the lbkwmg ditWbed property located In tha
Coaudy of Bane
[rm orRacarow.kd"Cawl tub—ofFawty
The East FtfW tier j of tote FMW (d0), F l- {8 1a� Ff� (SM nut Nrrrm (9tlt)
Street, oewnda of Kansas Nrssleyan VnNsreky, an Addition to nve City cfSauna, Salkw
County, Kanas%wg~ wM (iia Wart Sergi and FNs %rides feet (W7Aj cf vscvW a9ay,
APN #: tt4t3
v Ach currw* }has the addrum of 21 S W .lawetl Avs, 8aana,
) VWA t aA
Kansas IT401 rProparlr Addy— X
IIP C-101
KANSAS - .VxV s FarMy - persalt LlowTi dds Abe taaFOasa INSTTatMM rerw 3011 1441
l OMW borFK4 W28t♦ (4X tlwaQbooar 4000.1)
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04 MMG o"1 AM PBT
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LOAN
TOeETHEt VV TH eN gw knprovanertsnuwcw hmwbt arectad en the pmpwV, and ail
appurtenarcee, and itrttur es now ar hanatiera pad of tt a property. Al roplecomwo and atddlio, a shall
algia be wmmd by iiia Security Irsftuntent AN of the bregdng is Harrod to in this Sawrily ktirunent
as the'Praparl+'
SOMWWER COVENANTS that Barra~ Is lawUly seised of tris edge hereby MWayed and has
the dgtdto mortgogs, grant and omrvay to Rope ty and that the property b unsnounbsred, except for
encumbrances of record. Bartower warrants W vA derennt QQenow to "a to to PMPsrY o go
claims and dernands. exb)ed to arty etcumtuancas of (scoord
7M SEWN INOMLIt ENT oorobhes unibm wvwwnb for rartlonal ON and noe+mlorrn
aovetsrbs wile [roiled wutathna by yrrisdiallon t con to a urffbrm securtty habunarrt ow a bj; real
property.
UNIFORM CQ%AU ,4N7'9. OcMrWer and Levxler oamnartt andas MOMfl. Payment of Pritacipai, krterest, Estraw llonow, and Lala Cffas Son awn stokl pay what►
due Ise principal of, and inWrod ors, the deft evIdenved by the Note nerd kids ch oea due under the
Nobs. Borrower shell eiso pay Ands for Earaaw hmv pwvua tt m seotlort a Paymentsdue under the
Name and tdtb Sawlty instrumm rt WW be made in U.& Curran * Ho wevoc, If any sdredc or o@arirtstrw
mart roaaivend lay Lender so payment udar sloe Note or thk Seo<aity inak+ar,rxlt b rrbrrrrsd tQ terrier
unpaid, Larder may require OW arty or al sub**qvvt payrtarft due under tine irate and this Security
instrument be made In ate or mar of stye k1lowN Inmw, ve svtiaciad by Under- (a) cook (:} agoras'
ar, dee; (a) oer9sW check, bank dxK*, t!murer s d or osahises chad6 provided wait chcdr Is
drawn upw an haft on vhma depot are aaured by a federal agmey, t�, or silt , or
(d) Elect v* Fuds Tnvo W.
Paymenis ore daurrwd tecelved by Lang when receh ad at the bestbn desonted In Eta Nola
or at such dtver bcalon as may be daegnetd by Larder In accwdonce vet the rtodce pmvwns in
SKIJon 14. Lander may rsban any payr na t or pedal payment If her psymant or partial payrnorb aro
katrld+t to bring the Loan merest tarsier may accept any pwprwd or peons[ payment kstrllclo to
Mm the L mt current, wttltout waver of any tlgttte haroundar or prefud(ca to tta d" to ranee such
payment ar paftl payments In the tturs, but Larderis not obi to apply such paytonwb stCta time
such peymer#s are sccaphA ff each Palortec Payment is appiled as of 3s scheduled duo dA*, then
Under rmadnot pay Nstereston unappliedrl nds. Under rnayhold suM unappladAx ds urA Borrower
makes L syrnenl: to bring efts L=n aurent. If Borrower does not do so wdthbt a ressm" period of
true, fv shag of la apply such funds or nitum i mm to Borrower. It not s�pled earner, such iwrde
vAll be oflabtlied toths ttkdt Borrow rttp almoo or h the da thttrbrre Imna btu Ptbr to bredoaue. No
or nowtrtgarrst Under st gill rvttave Barowst
tvm mashing payments due under the Ncb and this Sawily trxhmerrt or perfomdng the onvowft
and xWeamerb secured by thte Security InuM nett
manta amp sd ON applied by Lend �,p � n as of described h10DWOM order of �attiitey3acQar 2oil pay
First tD the Mortgage Insurance prernlumstobepaldbyt. rOwtotheSmmvkuyorThe m ndAyrdwgc
by the 8aaetary* Inalsad oft mnnthlr mar%pW Insurance promkrme;
Ss=4 to any tam #. Haat resod , bsashoid payments or Wound rerde, and flro, hood and
Ttdrd, to lydsrasi duo under the Not*;
Fourth, to amorti cadlon of the principal d She trate; gird,
Filth, int kft d,e underpte None.
Any appftellon cipayrnvoytt, Insurance proceeds, or Niscafertaoua Ptocesda tD ptktolpal due under
the Note alts[ net aderxd or postpone the duo dab, or dngp the arncrant of the Periotic Payntaraa.
& Funds for Eaerovs Items. Borrower shall pay to Undoran the day Pomade Paymonis ata duo
under the Note. and the Aide is paid fi U, a s+art (the `Fur� In MOW& Ibr poyrnerd of aarwev# due
for: (a) tsxar and assessments and oilm Boors v"rh can afth priori mar Oft Sera Instrument as
a Ian or enamibream an Rte Propert .gyp) Icasetwid poyrnenis or ground rents an the Pmpertyr if any,
(c) pnemtuns Icor any and al insurance requited by Underander Seddon &; end (d) Mortgap bsstawm
prmnkans, to be paid by Lender to the Srasiuy or Lha manthty dwq* by ft Secretary Incised of the
mar+ r Matgago Insurance px'err8tmw Them Items ars called Toomw Mems.' At origination or at any
tuna duMg thotrrm affix Loam, t endermay nufftQistOomrrsndtyAssodaton guts, Fess. andAssaas-
marts, h sq. be gwcrewed by Sorrower, alai such dues, tarso and assnssrrrartts shalt be an Elxrow Item.
Borrower shd promptly hania! to lander at nalees of arrxrunb to be pend urdar its Seeder. Borrmw
anal pay Lendwito Fu ftfbrEscrow Items unlose LaWarwatves llorrowWs oblpallOrtto part' tiao Funds
far any oraif Escrow iterne. Lander may welveSornawsr'a to pay to isnder Rada tttr any crag
F. sa w Items at any tine. Any such 9trahrar nary fid' ba in in the event of such vtodver, Bottvvrer
"pay dhvftwhon and where payable. tl» WMv is du* ft ny Escsow lttara for wtdrh payment of
FundshasbssnwatvadbyLatdermid,KEarxderroqutrea "tlrmishto anderrecegNsex4doncingsuch
paymont w thh such itna perlod as Lender may ry qu be. Barawes's ~an to Make, such paymeMc
and tD provide mcabb shall for of purposes be dee oto to bs a Coveant end ngtasntarot enrdakned In
il9is Security bis umont, as the phraes lcoverm t and sareemeW Is used in Sattler g. K Borrower Is
obil9pted to pay Esuvw lbma dtrx*. piurvuont to a sstivw, and tkrrawer lets to pay the smaurrtdi ssbr
an Eva -ow [tam, Lander troy ewrdw Its rV is render Sscliat g and pay such amount end Borrows' aha
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Mo~ tar FM a 2014 (HLD t WWOCA 400.1)
Eft Mae. kfe. Page 3 of 10 > O(�*914
I Wtarmle oazl Bei par
Heels 133E P+ir% 193
LbA
Men be o under section g tit r�
or alt Escrow ttsans as '� to tasndasr any suds arrtcuttt. Landermay a+en�oire the
to
any arsy turn by a noCoe givers it accordaru a tett, Section 14 and, upon suds
revocation, Be over shall pay it; Lenderral Funds, and In such arum rft that are Con mqtdrad underlie
Section 3.
Lsnda( unsay, at any ttrne, Cafled and hold Funds In an anumA ( mrlAdai to permit Lander to opw
the Funds sir the tithe a; edDod under RESM and (b) not b taeaaW ria mw&Tsan amount a lender an
mqA*undertUMAkLenckwahades2ndeftwnwitofRmsda due on tfr Dusts of eurrarrt data and mw
sonebte eetm,pmea d of flims Escrow Iters orobmr*tee is somrdmsoe vAlh AppecAb taws.
The Fundssrtai be holdInanniisa6lutlonwhosedepoaIearainauned bye fsadasrat agency, InsOnanarslaF
Ry, or erdlty (icluiling Larder, 0 Larder In an kwftdm wdhosar depoatb ane so Irmared) or In any Federal
Hamer Leon Sank Lendar athaLatE a Funds to pay. fire Eacsow (tarts* no aster Orth
an e Omer spesdted
sander RESM Lender shall not �s Borrower Aor holy ft and applying Ore Fur Ahk annually anal$zing
the escrow account or verlying the Escrow hams, sordes Lender pays 5orrovver inksrast on Ota Fonder
and Appaeab)e taw pem t4a Lender to rnaft such a charge. unless an agrmnent Is made In wrtlrtg or
APPD-pay Bolmm
a bbtea�� rigs on d e F nlo � BBwtm and � � agree ks wrbU howwot9W not be m4;*od � art Ift
alts!! be palld on the Funds. Lander shalt gave to Borrower, v tout cmge, an wnW mccourOV of the
Funds as required by RESPA.
If there is a maphs of Fords hold in escrow, ea dented unde(RESPA. Lender "mom nt to Bar-
mwer for Iter exreor OHIS to P=wdwVo trtlth RE6ft frit m Is a effoo t" of Funs held In mored ss
defkted under REW& Lender slosh noffiy borrower as required by RMA, and Borrower shall pay to
Lander the arnatmt necessary to make up the shortage In accordance with Ree but in no note Orn
12 mor" paymertta. if thers is a deficiency of Funds hail In seuow, as do&wW under RESPA, Lander
shag raj Borrower as required by RESPA, and Bwroawer shsi pay to Lander the amount necessary to
make up las dold" In accordance wtih RESPA, but In aro more than 12 monthly payments.
Upon payment In obi of at awma scarred by this Security khibument, tender shag Wornpty refund
to Borrower any Funds held by Lander.
JIL Charges; L*m Borrower shd pay all taxes, tatssesorm,fe, charges, lines, and knpositions
atWWAmbie to the Property which can attain prtortly over this Security ltstnrmer#, tommahoid pryntrrKe
or ground tarns on ft Property, If arry, and Caasmw9ty Association Dim, Fees, and Massxnentk If
arty. To the aadent that thane Items aro Escrow tat m, Borrower shall pay them In ata manner provided
in Section 3.
Btnnvm shall promptly discharge any Kart which has prtert y oar tots SaaxO}r tnstruttent unkm
Borrower. p egress in wrrttng to the psymsnt of the obtlgatlon smoed by tate Ilan to a manner acow-
able is Lander, but only so tong as Bones( is perbralrng such agreement; (b) rxdto f Lha be In
good faith by, or depends against wribmenKnt of One Ilan In,legal proceedings which in Lender's opinion
opmete to prervent the erforoarment cf the tan whlle hose proasmangs are pendtrg, but only u M such
proceedings are concluded; or (c) socur"ttom Ute thotderuf tits Ilan an ma eenwwA sadlstactorylo Lesdr
subordiauting In Ian to this $sourly Instrument. if Lender deWT*tes that Baty part of the Pmperfr
is subject to a hart which can attain priority overtda Sacurlly instrmnarik Lends( may gore Borrowers
notice dattTft the lien. VM6tln 10 days of Lha data on which that notice In g)vw, Borrower anal *Go*
the flan of take one or more of atm waft set foth above ten 8tta 5scion A.
5 Insurm e. Borrowrer sttsK keep the "mvemorcla now oxo tql or hereafter arecled
on the Property kwited "irmt loss by fire, hazards included within to term 'wdencled ooverage,' ant
any other tuwAM Including, but root lmftad to, earthqualoes and floods, for whdch Lender requires hxar-
ance. Thts humattce shell be maihiainad In the amounts pxkaing deductible leen a ) and for One parlsds
that Lander requires. What Leader rooms pursuant to the pooft sent+anees con charge ftft be
term of Ifo Low. The Insurance canner providing the khetranm strait be tdwaen by Sonvwer hx6jadb
Larder's right to disapprove Borrowm's choice, which right steal not be exercised urheexmo aby. LaMar
may require Borrower to pay, in connection with tth Loan, eahac. (a) a onftkna dwrge for food zona
determinallion, dartJtlailoo and trscis6tg as Ams; or (b) a one*rm dmge for food aorta detaartnrriot
and sact6satlon vwAces and subsequentdsargea such foe rornappitgs orvirniarc arWo cocunwhkft
reasonably might affect audit deienniradion or aertflediot. Sonmmr stall ateo be fesponatlsa for the
payment at any fame ttrpoeed by the Federal Ernsrgethcy Managernard Agency in eomsobon volt ars
review of any ilcod zone deterrrakm t nsenlag hnm an abjection by Bamwer.
0Borrower feDa to rrtahnMn any of the oommuges dasrxiosd above, Lender may obtain issuance
coverage, at sander's option and Borravver's wgxroa. Lender Is under no obligation to purcimm my
Particular type or amtautt of coverage. Theretora, sLudl wverelae ahai cover, Lerufar, but might or
not protect Borrower, Borrvwaes equity in the Property, or ft cordeatle of to Property. against any rW
hazard or liabiity and might p Wds gresier or leaser coverage than was prevlously it ethrct- Borrower
arlmoededges that its cost of Me insurance ooverage so obtained ,alga *44carifly eoocesd the cat
of ihaurance stet Borrower could have obtained. My arounte disbumad by tartdef under this Seater 6
shat becarrm !additional debt of Borrowersparred by tiler Socurky Insirurxrrt. Those arscunts shell bar
interest d the Note rate lam the date of disbursenverrt and ansa be Pa/able, with such inboreak upon
notice from Lender to Borrower raquestng PaYrnaht-
AII irhaarhterhoe poVelas required by under and renewals of such policies stool be subjed to L.andai%
right to disappanra such paaicles, "I inducts a standard mortgage dause, and 3W rams Uudeas
moripsgee andkras an additional kir payee. Lender shall have the fight to hold the policies and rmtoad
ortdeates. ff Lander requtroa, BMWAW athaK prohrgttty gNo to Lender sd rerxlpte ofpdd premiums sad
rsawA i notices. H Borrower obtain,* any form d ktsUrsrxss oovaaga, not ob—Olse regtared by Lender.
x4mm -,cam* Runny- rw.r. ar.r oda sa.o UMFOM h USTR RENT fear 301 r 1M
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Eft mo%rrw- Page 4ofiD lcVXV50E WS
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Iauht 22 Parte 114
LOANS
for carnage to, or desbuc don of, the Property, such policy shot InchAw a standard mortgage d
shell none Lender as mos andior as an - IrFA rMj lose payee.
In the event of bee, Borrower steal pipe prompt notice to the Irouronce carrier and Lender. Lender
may mecca proof of loss r not made prong by Borrower. Urban Lender and Borrow Warabe aped
b writing, arty Insurance proceeds, whether or not tree underMV twuance was required by Lander,
and be applad to rastorstion or raper of the Property, If ttx real now or repair b er' orrredy %sethte
and Lender's security is not iessaned. During such repair and restoration period, Lender ahsl hrm ft
right to hold such Insurance proceeds urd Lender has had an opport ift b4 inspad such Pnapeety to
ensure the veohic has been oompkftd b Lendeft mon, prarided that such (nspeetlon etml be
underbhkan promptly. Lander may diaturse proceeds for iliapahand mail a sIf rh In a er 06 peynmrd
or In a softs of pmWm psynonte as the work Is computedon a"mard fs maria In wr" or
Applicable I= requires Mond to be pe ld on such insurshca proceeds, Lender *W net be raqutad b
pay Borrow ssrl Intaeat or sea" on such pnhoeads. Fears for public,clusters, or oth rtI td parm
rots had by 8errower shel not be paid out of the insurance praaeeds and shall be the sob oblpetlon of
Elemraer the rodwadon or repair is not economically reaskbia or Landeet security would be lessened,
the Insurance proceeds anal be applied b to scene se=ed by ithb $amity Irmtrumard, whe"r ,rat
than due, with the axtess, r arty, paid b Borrower Such braesnce proosada shall be applied In the order
provided nor ht 5ed(on 2.
It Darrow sl a xiaa lithe Property. Lender may ria, nagollads and saltie any available hhrsance
daim arnd reial manus. if Borrow does not ngpand 30 dsrya to a ricirx from Lenoir tire! lire
Insurance carrier has offered to aside a claim, than Lander may nagottaba ark) salla the deMel The 30-0ay
palod coil barn wW One nation le ghwL in either event, or r Umdr soVAres the Property u clar Sao-
tiara 24 or Wombs, Borrower hereby assigns to Lander (a) Borrower's *hts b arty Insurance Ramada
in an amount rat to exceed the amounts unpaid under On Note or tib Beeutry haCtreent, and (b) any
other of 8orrewerls rights (other than @nee right m any refund of unearned prerni me pby ftwo r)
ga
under all Insurance be, lcovering the Property, hscfar at such rights are applicable� io the oyer
t wape
of the Property, hder crag use to trours nco;x ". ds etthw 1u npak or matota the Prop" a io pay
mrourb unpaid under the Nota or Ihb Secuitty lnerurnent whether or not ihan due.
6. OccLVwc_d Borrow shall oarupy, establish, and we the Property as Borns mit primal
residence wM* 00 days aftar the cnecarOon of lint Sechrtty Indnrner t and shat continue io occupy toe
Property asBorrowrar'sprincipal r"dencefor atlead one yaasdtaI daft cfocMVwic7tUnless Lander
detarmines tat this requirement stun cam undue hardship Iliac the Borrower, or unless estenuatsp
ekauenstrrese aadst which ars beyond BorroraVa c atiba
1. Praaarntgor% 1111atrtrhance and Protection of the Propo ty; inspections. Borrow" not
destroy, darneQa orhnp Wit Property, adlowthe Property to detarforass oraommitwssls on to Properly.
Bmravwr shell mairrtaen the Properly In order to prevent trio Property from datrlorstfng or docreaskm
In vatm due to b cordiion. Unless It is determined pursuant to Section b that repair or restoration
Is rat economically feasible, Borrower stud pwnptly repair tie Prop" if danragad to avoid b2or
daberlardon or damage. If insurance or condemnadon proceads are paid in connection with damage
to the Property, ftrtovrer shat be responsi%a Rot repairing or rant, ng fro Property only if Lander has
released proopeds for such purposes. Lander may dlsbrss prones" far em rapaka and midaraEon
in a *Via payment or In a series of proV ess payments as the work is eompletrd. It the Insurance or
eendermaron proceeds aro not suflfckK t m repair or melon the Property. Borrower Is not releved of
Bmworer's ab%stion for the completion of such repair er mativation.
if condeminatlon proceeds are paid In connection with lira to lma of the pnhperb+, Lander shall appy
such proceeds to the reduction of the Indebtedness under the
le Nota and this Sec urfly Instrument, Inst
be
princito pals deOknot extend or and then bepostporoe fhpayment
d �otoftt monthly payments or, Any application �c sues the anrountthis PMOOKk to of
such payments.
Lanhder ar its agent may make reasonable errbbss upon and Inspections of the Propery r ithas as
sons bis carve, Lander may Inspect the irte for of the lmprovwnwb on the Property. Lander nhal gain
Bonvmr notice at the three of or prior to suds an k#erfor trrpecacn specifying such reasonable Comm
L eotrmwrsLoartApplicatim.BonowwershAlbeindatnuftitduringitheLoan applloagontunmin
Borrower of any parsons or entitles acdbV at ft dtrectoo of Bonvwer orwtth Borrower's tehow— — a
consent gaeve mahkialty telae, mialsedirsg, or r accurals h 1berr sllon or sbdem nis to Lender (ortaied b
provkte Lendrwilhh material Infaffne5 n) In catmectfon with the Loan. %MW$ fel repraearhizdlone InA de,
but ma not lkriittrd to, ropresentalwrs corwernInQ Borrower`s oocypenry ofthe Property ser Borroweft
principal rasidence.
IL Proeection of Le nder's Urtwast in the Property and Rights under iris Secuft &emus&'!.
K (a) Borrower lora to perform the wmnwda,Incl vasorrems contained to this Instrument
(b) More lsa legal proceedhig Met mlghtsignticenty aged Lender's Ir>RKW In the Property andlorrVIII
under this Sec rtty)nstrument (such as a proceeding in borriatrpMY, pivbeta, for condomnalbn ori lal-
tore, for eniolcarro tt of anon which may attakn primily over this SacunV Instrument or to at ft Itms
or rogulsdona), or (G) Borrow has abandoned the Property, inert Lander may do and pay for wtotw er
is resacaseble or appropriate to protect Lender's Intrad len d- Proparhy and rights under this Securkgr
hutrurnent beluding pretecOV endlor neasofng the value of hhe Proparti, end veaatng XXVW reprt-
Ing the Prop". Lender's adfona can Include, but an not UmKbd Ur (a) paying any aums s ocued by a
Ken which has ptkortty over ails enmity Insbumori; (b) appearing In coot; end c) paytrq reasonable
witor neyrs' Kaes to prated Rs Merest len the Property andfor NhtB under this Beau* instrument, Inclnd-
ng Its secured position In a tmniuuptcy proceeding. Securing the Pmpertl' MncMrdes, but to not brand
KANSAS - WVIG Fe**f- F.m asnrf'mddrs Mw UMFO er areae MExr Pon+ ]urn LIM
Mailed far FNA tW4 ¢-ItJD HerdbOOk 400iL1)
nus Mit, rrc. Page 5 of 10 �er=a
MOM osnZcm W -rt APA W
took& Ldi2 pal$ tai
l>^JAN e
to, anbrfushp the Property to make repairs, changelocks, replace or booed dip doors and vwkdwwa„ MET
waW from Opeo, elminete bulft or other oods violations or dartgmrodrs . and have umes
honed on or o4. AWmg h Lander may take actin under #4 $acetum S. tender doe tot have to do 0o
and is not wtdor any duty or obiigaUon b do so, It Is agreed OW LaidGr kncuo no fabilly for not %Mng
arty or all actions outhatrad under Oft Socdon G.
Any�natxAsdk+tnueadbylattdaruralacfiJs3ecdon 8stbacortleaddtf�e�Idabt�Hort�oww�eamd
by thts 15sawlitr Instrument. These otrounts steal bear knbstwst Otto Alois mite from too dais of dahssae-
ment aced ttlsli be pay". Mth sixty Interest, upon nagos from Lander b Barraever sss�np payme
H this Sa verity Instrument Is on a la mehold, Haffewer shoal ear * w1 h if the pro M8nt.
of"
Wow Borruwer ami not mender the leasetwld odsba and Interests hoWn oonwryed or i&wminats
or cormot the grourW lam. Sorrow stall not, Whaut to siq M wraisn oonesit of Lender, niter or
am id thea ground fee". if Borrower a=iulres fee Its to the property, aha isssshold grid Itis tee We
aha! not mage unless tender agrees to the Merger In writing.
are.igned to sn rnwft bis pf aid m !,ander. ForU iu & Al Mtecdl wamotes Peoceeda ere hcmby
ah"M the Property to dasmgnd, vxh 11bcall nous Proceeds shall be opplfad to maebirolon or Irpalr
of the Prop". If the restoration or repair is aeonomtoaily feastfa red L wakes aaecuft Is rid bw
onsd. Glaring such mp air mid restoration poriod, Lwow shall have the right to hold such Mtaavdarmous
Procosds until Lender has had an opporhatly to hspect such Property to ensure the work ha been
mn0sted to Lwddif s sattsfecdon, MAded that such Irrspettbn ehsl be undertaim promptly. Lower
may pay for the repairs and m4wallon In a arngW disburvernent or in a :aurae of p Wm prPnente
as iia work Is compleW. Unless an agreement is made In uttering or Appliaoabie Lsaw asgrrkss kdorest
to hs paid on adait AtoCMrh, t writer arra# not ire ragtrkwd b pry l3ara rover sny btalrset
or huaaOiler
L
r': sea:rtty wand be bsasresd, the MfacefHnneauis I+rocseds enol be appYsd b etas eeeuced
ser HarrcnMw Suctrlahsorb Proceeds :bait be applied fi the order pnnided Ax h Ssdion 2.
In rho evert of a talsd taking, decttttctorn, car kiss In value lino Properti; ties Pro-
ceedts shat ba applied b the arena eerxund by itr(aa tioarr#y tnsdnuaterrt, vrtietlier or not then due, with
the excess, tf a thy, paid b Borrower.
In the ovwft of a partial taking, dsstrtsdfon, er roma In vskie of the Prgxrty in which the hk madaer
value of this Pnopetty knmefttaty beftre fyie portal to tXh desbiztfon, or Inas to value Is siyuel b or
greater Cmn to amount of tee sums secured by this Sewly k�unwt inunadistely baba Cie pwMW
taldng, desbnuton, or loss In value, vnieae Borrowwr and Lander otherwise agree in vrritkig, the aim
s+xxtred this 13 InshMW t &W ba Tkiesd by fns WAW of
the Mieospruoue Flooeeda
rmnitlpfled byr the toctlow. (a) the tout arnourrd of tosuns secured �bohn Ore
psrdsl teldeiM destruclom or less In value &Adodby (b) thaiiir ma mtvdue ofthe AA -Wpmgrgnaratlsiay
before ttw poo W to ", destrr cSm. or ktes In vacua. Any balance strati be potd to 80rrawar.
In the event of a pawW tWdng, deakuctla % or ioaa In voJw of des Property kh which isle fair malar
value of the Roprerty IrnmedWay bdbre the porCai taUng, doetructiM or less In VAM Is low than the
an ouirt afthe: atzrua secured knmes#sUely blots the partite Li. doetruOUon, or kiss in value, unim
Sanovver and Lender atforvdse age In vwfing, Ow Mkucellonvous Proceeds shell be appAed to the
sums secured by We Samwity huaftnw nt whether or net the stars ane than due.
If the Propel Is abandoned by Borrower, ort& after naft by Lander to Borrower that the Opposing
Paty (so doMed in the need vv*mce) offers to malts an award bt soft a Claim for 9011000
fit to respond to Lender wlthit SO days slier to date the noble Is Divan, Lander is outhortced to ooh
fect end aha Mlowbromm Proceeds alt1w lo MftMdm or Mpok ofthe Property or to the wan
secured by ifde Sawrtty instrument, ~err or not #ran etaa "Oppo" Pay means the tttd party
trot woos domAver Miscollarto s Pmoeeds or the pwV ap inst wham Borrowwer has a right of action
in regard to MlsrxAanesds Proceeds.
uorra w anal be in dei KAt if any saotlon at prooeacsth0, W hatter dA or aVWrNK is begun tent, in
tender's judgmant, ocuid molt in t let jm of the Prpeny or pone rsaIe, d bnpatmarrt of Lw4W$
irtervet to the Propartyr or rights under ft Soarrtdr Instrument Safffter cant cue such a doAauR and,
K acest r'stion has ooaurad, reinstate as provicied In Se dlon 18, by causing the action or pracembg
to be dismissed with a nft that in Iandees Judgment, precludes ttxf to of aha Property or cow
matelot InVairment of Lendses krtaost in the Property or tights under this Security lnsktmronL The
proceada of any award or d n for damages that ata atbfbukabie b the tmpatnmarrt of L undoes ktitrest
In thePtop ars hereby vastgr+ed and shale be pard b L.
Ap =aews Proceeds that are not applied to restaatan or repair of to PwperV stir# be
epptied In #le arta ptpvUod for In Section 2.
11. Scrrourer NoteaRsfswed; Forbwance By L.arAW Not a WaWwa Exrerrson or ma titter for
psSKne1X or urtodtlQoa#orh of � err the stars serarrsd by tf� tbruatty tnatrcarwrrt graetOd by
Lender 60 8orravrer or tmy Sdrecassor in it>R�st of 8arrower attstt nal opera#:' art reieas,e tris 6sabeigr of
Horroweror anyr Succevoom In Intomeof awrowrwr. Umdarshsi not be required bcornmence proceed-
oberolse
an Successor
sums eemmW byytt is eror lo refuse to Secully maw by *m
drsasortr for
and rradebY
the orthel Sorrow at wry Sunowwrs to kt6xestof B muwr.Anyforbaarsnee by Landerkn exarvisirM
"tght or ramoy bWkWfn9, wM%mA Drnhadan. Lender's wmptsnceof paymaits from third pwvom
errtiiles or Sucouwm to Inwme of Borrawer or to wnwrla fast Uteri tea amount avow dua, shat) and ba
a waiver of or preclude the v=da a of sexy W or rernedyr,
Kmt$A$-SlaaaleFsmhny-FwudaiaAaWmMot4aUN NMRLams! Farm3017VO
Modtthcetkr F1M:nett "M Hwxfta c4aoa.n
Eft Arse, inn Page a of 10 XOalFtu UE cute
KSUCOM P4
ea/t212ote 000 AM Pirt
look: 1W PW: 1%
LGAN
12. JotntanziSeverelUabmity;fo-signers: SummoreandAssfgnsBownd.Swvsar
and agrees that Borrvwel's obItgations and Robdtty stwl be )cent and saversL Howevet, any Swum
w?w co4a nsthea Securfty Instrument but does not exAcute the Note (a'oo (a) Y tris
Security I rt uman tr rt only to mortwes. meant and oonvey the oaalprNYs Interest In the Property uw elm
terrtus of tlmY Sawrlty Irsttumarlb lir) Y rat parstxsty obtgsird 1>a paprths suns se cured by Qils Secssay
Instrument; and (c) agnea that Lender and any other Borrower can agree to *;*r4 modfy, tabearor
m.tee any eccarrsuaorlatioru vuRty regard b the tetrrs of ttds Sewrltyr Inebument or the Noor wRhwAl he
CO-=1ttre provlaloru of Section 17. my Successor in Interest of Borrow who assumes Bor.
rower!* oobl�ggaftne under this Seourtty Itstnrnent In wrttlhg, and k approved by Larder, shat oIt a1
of Banvvew% rights and berWb under tMs Saaaty kurus meat Borrower shat not be relessed tom
9a fls obligations and stab ft under this Security Instrument uriess Lander agrees to stx h mime
in wiltk4 The coverm tis and sgretments of this Seo * bahtrument shah bind (et=W as provided in
Seaton 10) and berw R ria successors and assigns d Lender.
13. Low Charge& L.arxier may dune Borrower teas for services performed In connection hash
Bonvwor,s deaturB. for the purpose of Lender-$ norest b Qve Property and rubts Wider too
8eaxity fnabumerl, inck%dtng, but not 0. to, cc fess, property kmpwdon acrd v lu lm im.
Lender may ockd fives and do M*odnd by ths�S�=rjP !arses may not end ken chat we
* prohibited by this do
or byAppkw)* Laws
If the Loan Is subject to a hew which sats mw*mm bar dtuyes, and that law Y ttn* Interpreted
as R>at flue kQaraat a other lorry chaeges selected or b ben cwRaeked In coeaveakx+ with M rase sussed
To psmftsd trnits, Yhen: (a) any such loan chaVe shalt be reduced by Lha amount rwasseary In redwe
the charge to the pemsftbed llmff; and (b) any sums already cotiacted trout. BortvweK which oweaded
permitted knits wit be reArnded to Bonvwer, lender may choose to maim ftds ndaid by ra I rtg the
princ>pal oresd under the Nota or by making a directto Bdrowor, K a retU reduces principal,
the redaction writ be treated as a partial ter apayment�tdss Vw h to due date or In ttro moerhfy
Po/mart amount urdeas em Nota holder sWom ki wrong to those changes. Borrower's acceptance of
any such re&M mode by d trailpryment to Borrower will c craft 6e a wether of arty right of action Sor-
rower. might have arlslM out of sOvercharge.
14. Modc*LAR midm given by Bomrwer ar Lander htcmaKtion wM thb Somvtty hhAimhant meet
be to wrlQng. Any rake to Borrower in connection wM this 8emM invo tin and shall be deemed to hate
been given to borrower when mated by Met class melt or wt w acutly delvered to Borrower's poke
eddies if sort by other means, Notice to any one Borrower dmd tomtit rle notice to ad Borrowers rowers unties
Applicable Low requires es otherwise. The notion address doll be the PraperVAddtas w*n
Borrower has dooWnsted a mAwd t noires address by mato to Lauder Borrow shell ro ft
LanderofBortvwer'schvnge cfaddrea. lfLmderaped%m aproaeda+eforrapoAhrq Bdgmps
ofaddress, Even Bomrwwr shall orltirroporta charge ofaddressthrough that gxwMad procedure. There
may be achy or* designated notice address underthle 9aaaiiy Instrument at stry one ttaw. Any noire
to Lander shall be qMn by delivertm It or by no" It by first class mal to Landerva address stated
herein rnleas Lender has designated another adch by notice to Borrow. Any modes, In caaysrdbn
with this Searlty ku6rurnant shall not be deemed to hlavo been given to Lander ur*R aoeea0y receleed
by Larder. If ww notice required by Qts Security I strvrwst Y ako required misrAppilivabb Law, Its
Appfiaetde Law re quire rnert will satistlr the corn"pondirg raquhsrnent unda this 8acv* Instrument.
16. Govsrttirgt.aM;$ev�abtltttt�y,,faulesofCn.'fhta8es�aftylnstrcxrrnentaMboti�+mil
by tareral law and tho lew of the JAWI tlon It which the Property Is located. All ithis and abhors
ourylained in Qvta Security inatrurrient are vibted to any recpirtmavb and limitations OlApplicstile Law.
Applicable Law might expikilly or Impkitly allow the patties to v" try contract ar R might be:Ment, lrrt
such fiance:hal not be construed ass prohlbtian agalnot egreemerf by conlraa Into want Rtat any
uNole wh
sholl not eectother pmvsms ns1 m orthe�which ow be Niven efed uC ut
the oortllctivg provision.
As tared h this Ssuxfgr instrument (a) words of the masou6w gander Shad mean and Meigle
corresponding neuter words or vrords of the feminine gender, (b) wends in Lha sir gudsr shat meat acrd
k%Ajde the plural and vice versa; and (a) the wad 'may' gtves sot discrWon WW" any obigation is
1any action.
, Borrower statl be gMer one copydRne Nota and ofthia $easter tntrumaK
1 T. T of t�wpeety or a BenedcM bmtsrset in Borrowr. As rued In Qua SecMM 17.
'irtarest fn the Property' means arty lege! or lnarwtiGh ItvOetvasI In the Property, Ieekrdhg, but not Ilrnled
to. Chose beneficial Interests transferred Ina bond for deed, contract tin deed, hatairnent eaves cvcitrod
or eecrory agrwrhart, tive krteatf hNvfidch b Lha traneferof thio by Boevwer ol a TtRuradate b a ptaatnasar.
ff al or arty pat of the Property or any Interest In the Prop" is sold or trarwterrer (or Q Bcx. er
is not a natrmen
! person and a bafi W ihtsrest In Bonvww is solo or 6anarimnd) Ladd's
puiorwrltten coneart, Lender may require Inmediste payment In Aril of sit sums secured by this Sear
eity Instrument However, this aptkn shell not be exerCYed by Lender tf such axerties Is pmh bw by
Apolcable Law
if Lender evaaedwo Qhh option, Lender 9W ghee Borrow notice of aeceiera%r. The nits OW
provide a parted h% not tea: Ran 30 days frau Rte date fie no*m Y gkw in oomniw oa wHh Sealer 14
rim wtwb Borrov mr neat pay all enmhs seamed by this Samok trnebtaverl . IfBerrewarble b pay thaw
sums prior lo the exptrsstian of this period Lander may krvoka any ramedles per milted by this 3eoudy
Inst unwt<wWW Axtvar notice or demand on Borrower
xAlares - shy+. rerrr►y - Fwneo nrbdFm&M ►eve uraroa+ INMUMENr Ferro 3W 1M
MWPM %r FtM srtm+ aKM t+erabOO 4000a)
EMP sa.e. see Psi 7 of 10 LOA
asrUM"Oath /W Per
mike 131E Pete, 177
LdAN
A Borrower'a 1119ftit to Ratrwuran After Aooelerattan, if Borrower mesa =%fnt dertdlono,
rower shaft have the light to rekortatsmmA of a mwW4pe. 7bove aotaeprau are that Sortaaar: (10 p
Laurier al atone which flim would be dace under ft tlecuft ke dnxTio rt and the Nide as Ina aaaiera
tion had ocaved; (b) cum datkc>R of any odw covstnsrris or apnasraarti , (e) pays of Noma
kxwyed In W*Ntdreg ft � Nwatruoaem inoko Mnp, but rtdt Awted to, ram io hie atianteyV bee.
property b'upectbn and valuation tbm, and ether bee [torted for the purpose of p atioctng Landau's
Irtberaet At the Property and fWb router ptb SeRaaltr kobunm% and (d) tabes earth aclon as Leader
may ro*ft to assure that Lorkdsr i bib - t In to Property and fQM under V* 8eaAy
lnfru rwra. and Beim ;wWf ob halon to pay ice VAN SK%Nad by thea SOMAy krabument, shd aoAtu,e
uncharged. However, Lander b not required to nilootska R (q Lander has accepted ntitsdttm'aead atter
the corrtmettdatrerrt of frsteatostae proaeeditgs wt4tin two y'twas bmtsr�aly pttaraq>irtg the consrratce-
rnentdfacunwttforeddourepmeeodkVK(t)r4kw rAeroWvMpredudefamdoaumondfarotgrcamta
In the Ochoa, or (RD reinstatement wit adversely acflbet the prtorey of the Ben aeeled by 1* Ratty
lnetrasnentt. Lander may rowtrs ttuxt Borrower pay atu#h went 4u= and exp moo h rote or
more of the fblkWN forma, as selected by Lander. (a) cash; M) mdrrey order, (4 cerbflad dwA bank
check, Voosurr%cihaocoroaahltr'scha'Ir.pmvkbdany such chodcladawnupatan1notibullatrokubionwd wboea
deposits star Gaaurhxl by a faadetat arpaurj, ir>wktkaterrtatbr a art1J, ar (r� i3ac6mlo Funds Tnrratr. upon
by Borrower, thfa SecutV ins trumerd and obllpodons w ausd hereby shsl remota tiny
a9lbdlva as If ne accoieratlan had occvT" iia mw r, Oft e4 t! io reinstate shat not apply In to cess of
accelaradco Under Section 17.
19. Sale of No* t hWW of Marr Sart CW, Notice of Grievance. The Noce or a partial k teres[
Into Note (tdgsther vApt tis £eourtiy Uudrtanatt) can be sold one or otrdre #moo wff"A prbrr-k-
to Bir. nmeer. A sale mVft r osuft in a change in tha entry (icrrawn as the loam Servicer fust aolecit
Pododk Poymants due under the glob and tit Sewn yly ktstumard and perforins other mafgep batt
sone ent4irit;obIgadorw under to cr of the Loan nSServksr r to sale of theme It ttasrepic" Law ���gedtt e
Loan Serviw,Borrow will be given WundernotlOsotthetdcartpewhk:hvMsakettonameartdarktsee
of the now Loon &xv6oah the address to which payraaft should be made and sept cow idento of
ReSPA rtectulea in dorxmcdon with a notice of tranWerof aenAdng. Iftte Nola to sold and thio filer Via
Loan Is serviced by a Lasa SeMcerotherthan the purchaser offt Node, the nrdrt a loan ss WWO
obppfons in AorrowerMilremainwth the Lean 3micerorbe frormfYredto awadoeaor Lout SerNokf
and aro not aupenard by pts Nob purchaser rnkon cfnerMso provided by the No% prutr.tmw..
Ys. 19drroaswNd Thlnl.Partll Bonsfidwy to Contod of lwmnca. Mortgage insurance rairn-
bums Lander (or awry and ly that purchases the flab) for cot hd losses R may baso If Bom mer does
rot repsythe Loan as spread. Borrower adrnowledgee and agreq that ilia Porrarvar Is nota third party
bano5clsryr to the dodrort at insurance between the Secretary and Lander, nor is Borrower sa9rled to
antrce y varsoment bsiwew Lender and to Sean iary, tudoes wWOcrdy auitt emd to do oro by
21. Hazardous Substances. As used tt this Sector 21: (a) 'Ham uddur tiulubunee +rte flee
substances da Mod so tok or hazardous , pok tstft orwastes by EnAronntortd Law and
the Mowing aubstancov paaotne, kerosene, other flammable or ioode potolsunt products, toad* PW
ddss and horWdaa, vdn tte sofannit, mtat artols conatrft sabeatoe or krmaldsh de, and r k*Kt m
mn*W (b) ` m1 onmental L.aW means federal On and tows of gra Ptd dm Whom ties
is btwtedf at mbft to hoallh, safety dr probcdon; (a) MrMrorwrrarrtsi Gtaanup'�
amy rooporrae audlar, mnedtai action, or rernovat w0m; as def reed In Environs aetsaai f esu, and 04 an
'ErnAroerrrentai Condtat' means a =WMot that can casae, ooftftb to. or othenvfsa bigger an
Etvkorunenml Ctaarnutt.
Bdnower shall not oauseorpsmittheprvasrce,un, disposet,drrdaMeolanyttarardow
Subehstws, orttsaaten Id release any Hazardous Stfrata xak on orProperty. SomoararSW not
do, noalow anyans aloeto dei. amytltlt8 aftcft the Prajthadla kt tAogttttan rotary t3artdn naetrfal
Law (h) which crestas an ErWonrnsntad Condtfon, or ( , thea to do presence, usa, or rchwo of
a Haardm a Substaive, creates a oatdtbn that adweraety affsets to value orate Pmperfy. The praced�
Ing two sentences shall riot apply to the prosence, use, or A, ComMePtoper1yofemoRquortItiftof
K artdoraa GubstwK= thataro ossa* nsoognked i9 be�propelotato norms] reetdrfnt<sl usesandto
ffoL.IyostosdfgoProperty(b'v.hartnalladledba;hazardousaubatarrcashccoxu terprodsa6�
Barraaer shop promptly SW Lander wrflben notice of (a) any kwoodValks% dakM donee Mm*
or Ow action W any govemrnotdat orarray' or pt -ft party Wyot tq the Property and any
Htazwdo us Substance or eMrdnanerrtal t vrtACt1 Borrower has adind btowledge, (b)" .
mouth l C:o minion, Inducting "not 11~ to. spbna WaXing. discharge, reisase or Uveal of rakaaa
of arty Ha7onrdaus 8ub> , wid (c) as �f ceased bytlte pr0aerice. use a rNease of a Flarand
Dua SUtaCanoe which adversely sna trsdae of ua rmpre . tf ia7Toworiwtrre, art$ "celled by atilt
governmental or rewsabry suchailly, or arty P Mile Party that arty nMovid or other rom adhdarr darty
Hszarftm Subkdam affoc tg the Prcopedy to neaastary, Boomer shell promptly tela at neosssasy
renv4W actions in aocordonce with ErWemmonlaf Law Wdadn9 heradn shall v , 1 111 arty obit 04 on
Lencler fix an Environmental Ctaeertup.
22. Gravida forAcceleratidrr of Debt.
(a) D)sfatdk Lander may, wxapt as lm@ed by teguta oro baled by to Secretary, in the dans of
paymantdefarrns, require kroredsta paymeMin Ulufatl sumesomoodbyft Security Instnatterdlc
montob r on thedt dais o tie rod mMOMW Pee+rrrs or reG by 9ecurlty holo
KAaaSrte - 9npis 1' r- r'�rr+is V&WFrsddM saw t WoW VWTXlaPW F— aot7 4sa
mw"od ear FK Vnw "M twd3*ek4= l)
oft ear+. ane Papa s ad i o KtituFl MWE Oslo
t48uMM
ranaoors ars+
Wt 132 hp, M
LOAM hf
Bartarrer bu by falling, tr a pedod of My daye, to perform any other obloalmrWe
(b) Sale Without Craft Approval. Lander sired, ti pexmltiad by opplleabla taw (4rluding Section
341(d) of the Gam -St Gernuin Depwidxyy IrmMullions Act of 1892.12 U.S.C. 1701) -XO) and of h
the prior approve! of the Secratsry, requhe lnnedlste payment In lied of el sums aezixad by this
8e0afty inat umarct
(1) Ad dr part of the Prop", er a bendloM lftrsari Ina Inst ow" ell orpert et the Property,
Is @old or otherwix kanderred (cmerthan 6y demse or deocenio, and
(el The Property is not occupied by the pwvvmr or grantes as his or i er pratcW residence, or
die purch"ar orgrantee does so occupy tha Property butfib orher asdtii es Mot been approved
In accordance wth tits requiremens of the Secretary.
(G) tto VAR%—. if rdrerarratsnom Ceram tfwt would permit Lender to require knmed ew payment in
K but Lander does not mWhe such payments, Lender does not wahro ft Mills with rasped to
subsequent events.
(d) PAWnkrdarrs of HUD Serbstnry. in many eirmnnstahoes rrei ulAm l sued by the Secretary
wW lint Lender's rfptrts, in the case of psyment deforlts, to require Immediatein fWl d
firadose M not ped. This Security inshwrm t does not auffxxtza soasYraBon m�ai
ten If not
pe nnRled by regulations of the Sanatory.
(a)eNat Immoci. Bamowhr agrees that litile Beourtty Inahtanenl and the Note wits not
detenr�ined to be aWbie for insurance wxiar tits Nsdonai Housing Ad vAM dO etre item M dais
hereof, Lerida may, at Ms option, n Vim Inunadlete payrtwht In fur or all scares ssmrsd by tato
Security lnatrutrw4t Aw fan stOme nt of any waorfced argent of the Seaetwry doled vAesgwd
to eo days item to data thradf, decUhtng 1n kw" this Security inatrument and the Not, MW be
deemed owmiusive proof of such irmilgiblllty. Ndhvttrstanding to foregohg, this op9ot may not be
eumrdaed by Lendeerwfhen the rnevallablI4 of Irwzm ce is solely due to Lender's toiler to rarrit a
mortgage kuum Inca premium to the Secretary.
NON-UNIFORM COVENANTS. Berrower and Lander flatter eovermuYt and agree as folb a:
23. Assign wed of Rena. Borrower unoonidItIonally sedges and transfers to Lander all the rents
raid revenm of the Propartyt. BonUwyer aulhortm LWKW or Landers sgents to collect tie rents and
me num and ftereby di'acts each Ww t of the Property to pay (rhe rents to Lender or Landa's agents.
Howaver, prforto Lawrd" rake to Bornmw of t3amrAw's breach of any covenerdor egrawnent h ft
Security ltstrt meal ft. owm &W ooWret and ncslve d rer b and w n ues of the PmM* se bhtates
(brthe benefl of Lender and Borrower. This & W gn w t cf w* Corm an abeolha aaalgnrr►ertt and
riot an asNgnr ont for addmcirel oars othbt
It Lander glvrs notice of breach in (a) all lentis received by BormwsrWW be held by Bor-
mp-w as trudtee fix beneA of tender". to be applied to the sums seared by tine Sowely pteuunhent;
(b) Lender shad be anidtd b tahiteeht and receive W d the Huta o1 to , awtd (c) nedh lertard Of
tea Property atW pay all reds due red unpaid to Lender or Lwndar s agehrht an er's when dwwW
to M» termer.
Borrow has r# exemrbed any prior assigmnent of the ruts arrd has riot swW win not pKfbrm arry
sot dud wawa proved Lendwr from worctetng ft rights undrlhis Section 23.
Lendar and not be required to w7tr upon, taiaemnid d ortrarintain iihe Pmpedty before or ager
there do so
ftv a 6r�cti application at rants shall not mLaxler or ar's or n any dadau��hAWWO sny at
tr
do or of Lar4w. This asslvmw t of runts of ria Property shall tarnhlths;e when tee debt wedded
by Mea Secu ft h ob urmn, is peed in 1UM.
24. Acceleration; Remedies. Lender shall ghee notice to Borrower pprkw to leratdon foi-
WMM Borrowees breach of rrycovenants�emwd an this Securttykumn rnrrt pStrt net prtor
to arxalratlon under Section 17 unras wpplicabts Law provides athernlsej The road Shelf
specify {a) the default. (b) the action required to cure it* defeutt; c) a aisle, not Was Van 30
days fl ern tin that On notice is glean to Borrower, by which the d~ mot be cared; end
(d) that fWlurs to cure the deftaft t on or before the dabs spedtted In the notice away raaak in
acceleration oftheaurassecuredby@dsOmangrIrmtrument,forsctoeureby chdproceeding
and sale ed the Property The rtodca MW further Irtiarrnh Sonoran o(the i tD.*instal attar
accalaration "the right to mart in" for dosure procoollrrg the POrr xlVtVnCe of a def It
or arty other defamm of 4Rnrower to ecocleration and foreckmwe. If the Mai* Is not Cured on
or bakwe the doh specHled in the notice, Lander xt Its option may require ima dtale paymert
in hull of all shoes secured by ttnh Security insvwnV dwithott fhrtther densend grid may foreclose
Oft Securlty Instrument by )udeial proceatRng. LarWor adrall be.untitled to C.~ suit amen"
incurred In pw Wng the reowdles provided in 0" Secdan 24, including, but natlit#ledio. ecaft
of fife avedenco.
Larhder shelf be entitled to coItam al reasonable expenses rrmu coed In persuing the remedies
pnovkled In lhls traction A Inorudaag, but not fthad to, rewmnabie ettornays'fees, to the aartant
allowed by Wsbie Laaa.
Now a Interna In Mt£s Seanity 1r> anrrnrht is holt by the Sacxatmy and the Seasruy
nquirea bye payment In furl under Section 22, dw 8etx+ekryr may khvoks the uordtWiuiat
power of nese proukled in the Single Family 6lcr%fte F,orec o rs Act of 1994 (`Act') (I2 U.S.G
3761 as seta by requestIM a tonsclosure commissioner Oesignat c! under pAt ct commence
sea
forecioa and to sail rite Property as provided kh the Act. moth ng sentence
KAK,SAS -" ferrety- Fw.W MooTrad@a iha UMFOW 05TRL M Flim X t7 IM
MadW fix FM IV2014 (HUD H9M%W 6.40011)
Eft Ws, fns Page a of 10 tMUFRMwe M15
KSUDM PA
ar>at=oas WZ Ali Ptir
Hooks 139 Pym M
LOAM
shall deprive the 5mmmy of arty riptus other*tsa m* IsWe to a Landar under ill s
swiciabls feet`
2L Release. Upon payment of a0 sx m saaaed by alis Searrky tnstrsanark tender *W reieem
this Sumvity lrmWznenL tang may ohsrge Borrower a to for releasing t* Secuift Instrumert, W
o* I ttte iso' Is paid to a thk'd party W swOoss rendered and the dmgirtg of rill fee tv pemnttmd under
AppRabie tare
za Wbiver of Rudempition. Bommerwahcs al rights of rode Vdm to In etmont al4wed by lm
BY SIGNING SUM, Wrmvesr adapts and agrees io the Wm end ovjwunds corrtatted in tale
Seg unity ttahument and In shy Rlder exm ted by Borrower and ret plied i t t
Ev
State of KANSAS
Countyot SALIKE
This kne umor# wee meWmwledged before me or, MAY 13, 2016 (deft) try MER R
SCHULZE (name(&) of psrsan(a)).
(80tt, if any) .
L
M&
1ELINDA A. FOSTER
+r RM • asst of Wren
M!'AWL Eq -3
Linder: sank
MWILS W
Broker: ;nee
e
N11" tai
Low W1
Ntt8.8
t
WF
XVM$ - ShOs %say - ftm" ebaWM440 MW UM FORM amatateter
Mall ed ter FVA 913014 (FAA Hwwfti ok 4040.1)
Me Mw, ono. Paye 10 of 10
Rm" son im
KS11F"WE 0916
Icatmrae?
o6N2416 OeYn AM P
Exhibit C REBECCA SEEMAN ,
REGISTER OF DEEDS SALINE COUNTY, KANSAS
•,;,�, , JBook:1371 Page: -267"269
""i * 'Receipt #: 128524 Recording Fee: $55.00
Pages Recorded: 3�
Date Recorded: 5/4/20320 9:17:20 AM
®rop
[Space Above This Line For Recording Data]
Retum Filed Documents To: Loa
West Gate Bank FHA Ca
PO Box 67069
Lincoln, NE 68506
LOAN MODIFICATION AGREEMENT
(Providing for Fixed Interest Rate)
- This Loan Modification Agreement ("Agreement"), made thisliQd of nw-L n , between
kyles R Schulze ("Borrower") and West Gate Bank ("Lender"), amends and supplements (1) the Mortgage, Deed
oftrust, or Security Deed (the "Security Instrument") dated May 13,461¢ and recorded in Book 1312 Page 190 —
t99 of the Records of Saline County, Kansas and (2) the Note, bearing the same date as, and secured by, the
Security Instrument, which covers the real and personal property described in the Security Instrument and defined
therein as the "Property", located at
215 W fewelL Ave "Salina, KS 67401
{Ptbperty4ddress)
the real property described being set forth as foliows
The East Fifty fee (E50') of Lots Fifty (50), Fifty-two (52), and Fifty-four (54) on Ninth (9th) Street, Grounds art
Kansas Wesleyan University, an Addician,to the City of Salina, Saline County, Kansas, together with the W
Seven and Five Tenths feet (W7.5') of vacated alley, APN #: 11413
In consideration of the >tnutual promises and agreements exchanged, the parties hereto agree f lows
(notwithstanding anythin ,to �t�e'cbntrary contained in the Note or Security Instrument): �
1. As of May 1, 2020, the amount payable under the Note and the Security Instrument (the Unpaid Principal
Balance") is U.S. $59,439.56, consisting of the unpaid amount(s) loaned to Borrower by Lender plus any
interest and other amounts capitalized.
2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will <.
be charged on the Unpaid Principal Balance at the yearly rate of 3.45%, from April 1, 2020. Borrower,,
promises to make monthly paymentsof principal and interest of U.S. $265.25, beginning on the 1st day Of
May, 2020, and continuing the4after on the same day of each succeeding month until principal and interest
arepaid in full. The yearly rate of 3.45% will remain in effect until principal and interest are paid. in full.
If on April 1, 2050 (fhe " Maturity Date"), Borrower still owes amounts under the Note and the Security
Instrument, as amendedby this Agreement, Borrower will pay these amounts in full on the MaturiWbate.
3. If all or any pati of the Property or any interest in the Property is sold or transferred (or £Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
LOAN N1004icknON AGREEMENT—Single Family—Fanok Mae UNIFORM INSTRUMENT 3179 1101 (rcv. 4114) (pace t ojJ)
Book 1371 POW Z (a8
consent, Lender may refluire immediate payment in full of all sums secured by the Security instrument.
If Lender exercises�this option, Lender shall give Borrower notice of acceleration. The notice shall provide
a period:saf dot less than 30 days from the date the notice is delivered or mailed withurl which Borrower must
pay al('°su"ms secured by the Security Instrument. If Borrower fails to pay these silmspnor to the expiration
of this..petiod, Lender may invoke any remedies permitted by the Security Insirumeait without further notice
Or derland on Borrower.
4Norrower also will comply with all other covenants, agreements, and regetiwrnents of the Security Instrument,
including without limitation, Borrower's covenants and agreements to make all payments of taxes, insurance
premiums, assessments, escrow items, impounds, and all other ph lertis that Borrower is obligated to make
under the Security Instrument; however, the following terms ajdprovisions are forever canceled, null and
void, as of the date specified in paragraph No. 1 above:
(a) all terms and provisions of the Note and SecuiiOnstrument (if any) providing for, implementing,
or relating to, any change or adjustment In the rate of interest payable under the Note; and
�o -
(b) all terms and provisions of any adjustable rate rider, or other instrument or document that is affixed
to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that
contains any such terms and provisions as those referred to in (a) above.
'rower understands and agrees that:
0 (a) All the rights and remedies, stipulations, and conditions contauied in the Security Instrument relating
to default in the making of payments under the Security Instatement shall also apply to default in the
making of the modified payments hereunder.
(b) All covenants, agreements, stipulations, and conditions in the Note and Security Instrument shall be
and remain in full force and effect, except as herein modified, and none of the Borrower's
obligations or liabilities under the Note Security Instrument shall be diminished or released by
any provisions hereof, nor shall this greement in any way impair, diminish, or affect any of
Lender's rights under or remedies 6n -the Note and Security Instrument, whether such rights or
remedies arise thereunder or by operation of law. Also, all rights of recourse to which Lender is
presently entitled against any property or any other persons in anyway obligated for, or liable on,
the Note and Security Instrument are expressly reserved by Lender.
c Nothing ur this A
O g ' greertient shall be understood or construed to be a satisfaction or release inr;+he
or in part of the Note aiid Security Instrument.
%. `
r ae a"
(d) All costs and,patpenses incurred by Lender in connection with this Agreement, inc iudteording
fees, title examination, and attorney's fees, shall be paid by the Borrower and shall be secured by
4�
the Security instrument, unless stipulated otherwise by Lender.
(e) Borrower agrees to make and execute such other documents or papers as may be necessary or
required to effectuate the terms and conditions of this Agreement which, if approved and accepted
by Lender, shall bind and inure to the heirs, executors, administrators, and assigns of the Borrower.
05
(f) Borrower authorizes Winder, and Lender's successors and assigns, to share Borrower informati6h
including, but not limited to (i) name, address, and telephone number, (ii) Social Security Nuri4w ,
(iii) credit score, (tviincome, (v) payment history, (vi) account balances and activity, lnelu�tg
information about any modification or foreclosure relief programs, with Third Parties that can, st
Lender and Borrower in obtaining a foreclosure prevention alternative, or otherwise provide support
services Itelated'to Borrower's loan. For purposes of this section, Third Parties include a counseling
agency, state or local Housing Finance Agency or similar entity, any insurer, gear, dtor, or servicer
that insures, guarantees, or services Borrower's loan or any other mortgage loan secured by the
LOAN MODIFICATION AGREEMENT—Single Family—Faaik M*e UNIFORM INSTRUMENT Form 3179 1101 (rev. 4114) (page 2 of3)
Book 1371 Page 269
3;5 Y £
Property on which Borrower is obligated, or to any companies that perform support services'to them
in connection with Borrower's loan.
jkBorrower consents to being contacted by Lender or Third Parties concerntn zu"ortgage assistance
-,jelating to Borrower's loan including the trial period plan to modify .Borrower's loan, at any
elephone number, including mobile telephone number, or email aissuE rrower has provided to
01 Lender or Third Parties.
Cj
�'53- I 64k, tik (Seal) _ (Seal)
i Gate Bank -tender T,yw m -Borrower
By:
Sherry liart4gf�W19 vp OT MOAo See';%ex
2-2) 2-0
Date of Lender's Signature
1 (Space Below This Line For Acknowledgments)
ACKNOWLEDGMENT
""""STATE OF )
COUNTY OF1� Kk
)
1, obt � --, a Notary Public in and for said county and state, do hereby certify `
tha / ally appeared before me and is (are) known to me to be the person(s) who,
being informe of the contents of the foregoing instrument, have executed same, and voluntarily executed said
instrument for the purposes and uses therein sef`fo"rth."C3r 0
Witness my hand and official seal this qday of
CArC4 ,
Notary Public - State of Kansas
nANIELROETS
MyAPP(. Exp NaLary PltbliC
M.VVC`ommissi.,n Expires:
o
STATE OF Nebraska )
ss:
COUNTY OF Lancaster )
On the day of , ap' , before me, a Notary Public, personally appeare
011 1
to, me known, who being duly sworn, did say that he/she is the
o West Gate Bank, and that said instrument was signed on behalf of
ace
corporation.
6BlERA,L Nf)TARY - Stahs Oi Hebraske
c.,U$AN E WEtCHEL Notary Publi w t�
Vh C,0r=- Stt F*=y 9, 2022 ti
My Commission Expires: a-
LOAM MODIFICATION AGREEMENT—Single Family—Fannie Mae UNIFORM INSTRUMENT Form17�1101 rev. 014) owp3of p
Land Tidd Serv:cer� In(,
JOINT-hNANCk WARRANTY DEED (Following Kansas Statutory Warranty Font
This Pi est days, of _ Aprj a 19_ 2
�} George C. Brown and Marjorie.Aush Brown, husband and wife
v� si
0'
Exhibit D
o '' CONVEY AND WARRANT—TO
E 4 '1'
4 Eugene R. Mor#4F and Mary H. 4oravec,husband and wife
T
ooc j as JOINT TENANTS aW not as tenants in common, with full rights of survivorship, the whole
estate to've}+t nn the survivor in the event of the death of either, all the following described REAL
o ESTfgTE in lbe�County of Saline
c
„ .
v`,'rbnd th6,.Stayte of Kansas, to -wit;
for the sum of One
EXCEPT AND SUBJEC
except and subj'e
and subsequent y
now of TCecord`:
Fast Fifty feet (50') of Lots Fifty (50) Fifty-two (52) and
Fifty-four (54) on Ninth Street Grounds of Kansas Wesleyan
University an addition to the City of Salina, Saline County,
Kansas
�m
and no/100 and other good and valuable considerations
,to all taxes and special assessments due and or payable for the year 09Z
rs; and to easements, convenants and restrictions contained in instruments
y STATE OF KANSAS, Saline COUNTY, ss
BE IT REMEMBERED, That on this qday of A-x:il
A. D. 1992 , before me, the undersigned, arotary public
1 in and for The County and State aforesaid, came
George C. Brown and
Marjoria Bush Brown. husband and wife
ss
S.sQ�6,L
N
+p,tetuuq,r/
V T -
who— personally k tgat`Qtb,,mr io ,TnlotFtq sa ,
who
..•.TgRY•�'
executed the within iosKF-na„t -'f --S rson—
duly
acknowledged the ex culidn of Tfna same. ; =
in book-_
y My nrot. C■0. `'
0. oat:. 30. Hi7 -7
aI pge
IN WITNESS WHERF1DT-,3'hpve hereupi!�Io my hand
and affixed
my seal, the day and y���'r,'s+ yu��v�tit;pri.
Notary Public.
Term expires ` 197-;1 -
George C318rowri
MATE OF
ss
S.sQ�6,L
County,
This instrument was fired for record on t e
ol!'.t8 day of
A. D., 19.,;1;
at.ljz &Clock SVM.,
a duly recorded
in book-_
of
aI pge
d
Register of D,Fds.
Deputy.
p�
Fees, 3�
'� Land 'Title Services, Inc.
0 4
P.MSEWA.
Exhibit E { ,;;!" REGISTER OF DEEDS SALINE COUNTY KANSAS
t „ iBook: 1371 Page: 27Q-272
Receipt #: 128524 Recording Fee: $55.00
Pages Recorded:3 Mortgage,Anwunt: x21,725.88
Date Recorded: 5/4/20.20 9:17:21 AM
A
FHA Case No.
PARTIAL CLAIM MORTGAGE
THIS SUBORDINATE MORTGAGE ("Security Instrument") is given on March 5, 2020. The Mortgagor is
Tyler R Schulze, whose address is 215 W Jewell Ave. Salina, KS 67401 ("Borrower"). This Security
Instrument is given to the Secretary of Housing and Urban Development, and whose address Is 451
Seventh Street, SW, Washington, DC 20410 ("Lender"). Borrower owes Lender the principal sum of
Twenty,Une Thousand Seven Hundred and Twenty Five Dollars and Eighty -Eight Cents (U.S. $21,725.88).
This`d bt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"),
hicli provides for the full debt, if not paid earlier, due and payable on April 1, 2050. This Security
lstrument secures to Lender: (a) the repayment of the debt evidenced by the Note, and all renewals,
--extensions and modifications of the Note; (b) the payment of all oilier sums, advanced under Paragraph
7 to protect the security of this Security Instrument, and,(c) the performance of Borrower's covenants
and agreements under this Security Instrument and the Note. For this purpose, Borrower does herby
mortgage, warrant, grant and convey to the Lender, with the power of sale the following described
property located in Buffalo County, Nebraska
The East Fifty fee (E50') of Lots Fifty (50), Fifty-two (52), and Fifty-four (54) on Ninth (91) Street, Grounds
of Kansas Wesleyan University, an Addition to the City of Salina, Saline County, Kansas, together wit
the West Seven and Five Tenths feet, (W7.5') of vacated alley, APN #:11413
which has the address of 215 W Jewell Ave. Salina, KS 67401, ("Property Address");
TOGETHER WITH all the im 1,ove`ments now or hereafter erected on the property, and all eartions
�nts;
appurtenances, and fixtures now or hereafter a part of the property. All replacements and
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 seized 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 or record.
THIS SECURITY INSTRUMENT co bines uniform covenants for national use and non-uniform c6venants
with limited variations by jurisdiction to constitute a uniform security instrument covering eal property.
Borrower and Lender covenant agree as follows: xe,
Boo{c 1371 e: 2 7 1
ci
UNIFORM COVENANTS.1,
1. Payment of Principal. Borrower shall pay when due the principal of the debt evidenced by the Note.
2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the "tithe of payment of
the sums secured by this Security Instrument granted b Lender to any successor, in, interest of Borrower
shall ,not operate to release the liability of the original Borrower or Borrowiies;successor in interest.
Lender,sF all not be required to commence proceedings against any suctesse r in interest or refuse to
xtend time for payment or otherwise modify amortization of the sums secured by this Security
,.
strument by reason of any demand made by the original Borrower or Borrower's successors in
interest. Any forbearance by Lender in exercising any right or rermedy shall not be a waiver of or
preclude the exercise of any right or remedy.
3. Successors and Assigns Bound; Joint and Several "Ii; Co-signers. This covenants and
agreements of this Security instrument shall bind and 64nefit the successors and assigns of Lender and
Borrower. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs
this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security
Instrument; (b) isnot personally obligated to pay the sums secured by 11, 'Is"Security Instrument; and (c)
agrees that Lender and any other Borrower may agree to extend, modify; forbear or make any
accommodations with regard to the term of this Security Instrument or the Note without that
borrower's consent.
4. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it
or by mailing it by first class mail unless applicable law requires use of another method. The notice shall
be directed to the Property Address or any other address Borrower designated by notice to Lender. Any
notice to Lender shall be given by first class mail to:,Department of Housing and Urban Development,
Attention: Single Family Notes Branch, 451 Seventh Street, SW, Washington, DC 20451 or any address
Lender designates by notice to Borrower Any notice provided for in this Security Instrument shall beC;
deemed to have been given to Borrower or Lender when given as provided in this paragraph.
5. Governing Law; Severability This Security Instrument shall be governed by Federal Law and the,
of the jurisdiction in which the Property is located. In the event that any provision or clause of this
Security Instrument or the N'91e"conflicts with applicable law, such conflict shall not affect ottr w`
provisions of this Secuti
Book 1371 Page: 27a
NON-UNIFORM COVE NANT5."Borrower and Lender further covenant and agree as follows: t
7. Acceleration, Remedles. If Lender requires immediate payment in full under Paragraph 4'6f the
Subordinate Nc, nder may invoke the power of sale and any other remedies pern ted by applicable
law. Lender shah be entitled to collect all expenses incurred in pursuing the remedles provided in this
Paragraph, 11, ing, but not limited to, reasonable attorney's fees and costsof..tit(e evidence. If Lender
invokes tjie'power of sale, Lender shall give notice of sale to Borrower in'therm'�nner provided in
Paragraph 4 above, Lender shall publish and post the notice of sale,,andlthe`'Property shall be sold in the
4a-,,nner prescribed by applicable law. Lender or its designee may purchases the Property at any sale.
e proceeds of the sale shall be applied in the following order: (a) to "all expenses of the sale, including,
but not limited to, reasonable attorney's fees; (b) to all sums secured by this Security Instrument; and (c)
any excess to the person or persons entitled to it.
If the Lender interest in this Security Instrument is held by the Secretary and the Secretary requires
immediate payment in full under Paragraph 4 of the Subordinate Note.
Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure
Act of 1994 ("Act") (12 U.S.C. § 3751 et seq.) by requesting a foreclosure commissioner designated
under tht.Act to commence foreclosure and to sell the Property as Provided in the Act. Nothing in the
preceding sentence shall deprive the Secretary of any rights otherwlsQ available to a Lender under this
iaragraph or applicable law.
tOft
:.
.-BY SIGNING BELOW, Borrower accepts and agrees to the terms' ntained in this Security Instrument
and in any rider(s) executed by Borrower and recorded withit.
x . � (Seal)
-Borrower
ACKN11 OWLEDGME T
STATE OF )
ss:
COUNTY OF
a Not Public in and for said county and slate, do
hereby certify that r-� r y appeared before me and is (are) known to me
to be the person(s) who, being informed of the contents of the foregoing instrument, have executed
same, and voluntarily executed said Instrument for the purposes and uses therein set forth.
Witness my hand and official seal this day of
u
Notary Public - State of Kansai No a ryvugl c� l L
MkDANIEL ROETS
s: My Att3-,a��
My Commission Expires: