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HomeMy WebLinkAbout912523 / o RECEIVED 10/5/2005 at 4:10 PM RECEIVING # 912523 BOOK: 600 PAGE: 420 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Return To: Coldwel I BankeriMortgage 2001 Bishops Gate Blvd. Mount Laurel, NJ 08054 000420 Prepared By: Jessica Gorczycki, Coldwel I Banker Mortgage 3000 Leadenhal I Road Mount Laure I, NJ 08054 MORTGAGE MIN 100020000320211075 '?1;4iì~ë~;7~3~\~~r"~ } , [Space Above This Line For Recording Data] ~..-'::.'.~ ~ DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, II, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is datedSeptember 28, 2005 ,'~ " together with all Riders to this document., ?;f~ (8) "Borrower" is Randa I I C Raymond and Me I i ssa W Raymond, HUSBAND AND WI F'E I \~ , ,:.o~, ~' ~, é. 11 )/ Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender' ssuccessors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS ~ -6A(WY) (0005).01 """'<!> ' Page 1 of 15 Form 3051 1/01 Initia~~ VMP MORTGAGE FORMS - (800)521-7291 " Mm~~illm¡tili,:(~". r\<C,,~1 "-"hr23 ',,,J "-JI ~¡"'~!.J J ' 000421 (D) "Lender" is C) I dwe I I Banker Mortgage Lender is a Corporat i on organized and existing under the laws of New Jersey Lender's address is ,3000 Leadenha I I Road Mount Laure I, NJ 08054 (E) "Note" means the promisso~ note signed by Borrower and dated September 28, 2005 The Note states that Borrower owes Lender One Hundred Seventy- Five Thousand Do I I ars and Zero Cents Dollars (V. S. $ 1 75 , 000 . 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 1 st. 2035 (F) "Property" means the property that. is described below under the heading "Transfer of Rights in the Property. " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (II) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: § Adjustable Rate Rider § Condominium Rider 0 Second Home Rider Balloon Rider Planned Vnit Development Rider 0 1-4 Family Rider VA Rider Biweekly Payment Rider 0 Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limit<:d to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" meabs those items that are described in Section 3. (M) "Miscellaneous P}"oceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (ort1erthan insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrµment, "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally relat¢d mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. ca .6A(WY) (0005),01 CS> Page 2 of 15 Initial~ Form 3051 1/01 ~'t:':~';~':~';¡;':' ¡~:!::...:~::::}:~::::¡ 't'W:·}""·~~¿'." 'Cr ;~~lJill0 nc,'~1 .rßr:;23 ~JJ~.~~~ 000422 , UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charg'~s and late charges due under the Note., Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electror.ic Funds Transfer. Payments are deemed received by Lender when re.::eived at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall re1i,cve Borrower from making payments due under the Note and this Security Instrument or performing the CO'ienants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Paymwts if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied t:J any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At originàtion or at any time during the tenn of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any 'or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts 0-6A(WY) (0005),01 <!> Page 4 of 15 InitiaIS:~ ~ Form 3051 1/01 / ne,/< ~~"!:::23 ~!".J,,--,.~'-"""Ù' 000423 due for any Escrow Hems for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Esèrow Items directly, pursuant to a waiver, and Borrower fails to pa.y the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upbn such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at ar,y time, collect and hold Funds in an amount (a) sufficient to pennit Lender to apply the Funds at the time ¡;pecified under RESP A, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender,>hall apply the Funds to pay the Escrow Items no later than the time specified under RESP A. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pennits Lender to make such a cl,arge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower arid L~nder can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to' Borrower, without charge, an annual accounting of the Funds as required by R ESP A. If there is a surplus of Funds he:d in escrow, as defined under RESP A, Lender shall account to Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficien;y of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESP A" and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in, full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these iîems are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obl'igation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perfonning such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender detennines that any part of the Property is subject to a lien which can attain priority over this ~ecurity Instrument, Lender may give Borrower a notice identifying the Q-6A(WY) (0005),01 <!> Page 5 of 15 Initi~ Form 3051 1/01 ~;:::;:::::::;::;;:;;.n ~!. /*ltf'fi ···' '!\j"I··'·~··/'-·' 1", ·. ,I; .;i·f·'·~·' ') ':~ ' ~: "=".~.b . ',,~.., 'ir : ~~rj~j~¡~¡~¡¡1~~:';:: ,n<c"'~ or" t:r"'"''''::i U J ~l'-<:' ,,",~1õlA (,-~00424 lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actIOns set forth above in this Section 4. Lender m~y require BorrQwer to pay a one-time charge for a real estate tax verification and/or reporting servide used by Lender in connection with this Loan. 5. Properly Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property inkured against loss by fire, hazards included within the term "extended coverage," and any other hazards i~cluding, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance Ishall be maintained in the amounts (including deductible levels) and for the periods that Lender requireJ. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapp~ove Horrower's choice, which right shall not be exercised unreasonably. Lender may require BorroJer to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, bertification and tracking services; or (b) a one-time charge for flood zone determination and certificatioh services and subsequent charges each time remappings or similar changes occur which reasonably might affect such detenrunation or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrowbr fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at L~nder's option and Borrower's expense. Lender is under no obligation to purchase any particular type br amount of coverage. Therefor~, such coverage shall cover Lender, but might or might not protect Bogower, Borrower's equity in ,the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or tesse.r coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note ratd from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borr&wer requesting payment. All insurahce policies required by Lender and re,newals öf such policies shall be subject to Lender's right to disapptove such policies, shall include a Ftandard mortgage clause, and shall name Lender as mortgagee and/br as an additional loss payee. Lendí:r shall have the right to hold the policies and renewal certificates. If ien¡:ler requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices! If Borrower obtains lli1Y fom! of insurance coverage, not otherwise required by Lender, for damage to, (or, destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the eveht of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proo'r of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any imsurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to rdstoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurlmce proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been! completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payinentsas the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall bot be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration 6r repair is not economically feasible or Lender's security would be lessened, the insurance proceeds Shall]e applied to the sums secured by this Security Instrument, whether or not then due, with Initi~J.,UL...; .-6A(WY)c0005).01 Page 6 of 15 Form 3051 1/01 <!> _¡ .r, ,,~ w")¿": ." "- U ,-' ~.,-,,:JiJ 3 ',,: 00425 the excess, if aní' paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and relateð matters. If Borrower poes not respond within 30 days to a notice from Lender that the insurance carrie~ has offered to settle a claim, then Lender may negotiate and settle the claim. The 3D-day period will begm when the notice is given. In either event, or if Lender acquires the Property under Section 22 or 6therwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an imount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) undet ali insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Prc·perty. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts Ónpaid under the Note or this Security Instrument, whether or not then due. 6. Occup~ncY. Borrower shall occupy, establish, and use the Property as Borrower's principal residence withi~ 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Bot"rower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agree~ in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances e~ist which are beyond Borrower's controL 7. PreservlttioJi, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damagê or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whetlier or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevenq the Prop¡:rty from deteriorating or decreasing in value due to its condition, Unless it is determined pursbant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly ~epair! the Property. i~ damaged. to a:oid further deterioratio~ or damage. If insurance or condemnation p~oceeds are paId m connection with damage to, or the takmg of, the Property, Borrower shall be responsIble for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lende~ may disburse pròceeds for the repairs and restoration in a single payment or in a series of progress paymerlts as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restbre the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or re~toration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable causer. Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice¡at the time of or prior to such an interior inspection specifYing such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, BorroJer or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or cdnsent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to Jrovide Lender with material information) in connection with the Loan. Material representations Tclude, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrr.wer's principal residence. , 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower faits to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proce¿ding that might significantly affect Lender's interest in the Property and/or rights under this Security Insbment (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of Flien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, t~en Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Ltfuder's actions can include, but are not limited to: (a) paying any sums secured by a lien which has prio~ty over this Security Instrument; (b) appearing in court; and (c) paying reasonable J Initl~ß-tL; G-6A(WY) (00 5).01 Page 7 of 15 Form 3051 1/01 <!! " . ~::¡:i~:;:~:;:;::,.:1 f··....··"···',','·'I!~~ r.;~:,:~:;:.:,:~:.:':\~~-'~( :I¡ili¡~;i~{¡¡mj y'"'\ ~ ~; .,>~: "';i' ..'.' ' U ,-. ""--' ,.... "-" ti..o ..:J ';)00426 attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upo:r notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower atquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower sha1l pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was-equired to make separately designated payments toward the premiums for Mortgage Insurance, Borrower sha1l pay the premiums required to obtain coverage substantia1ly equivalent to the Mortgage Insurance previously in effect, at a cost substantia1ly equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower sha1l continue to pay to Lender th'~ amount of the separately designated payments that were due when the Insurance coverage ceased to be in effect. Lender wi1l accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in fu1l, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower sha1l pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on a1l such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are s!'.tisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or' any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing 0. modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements wiII not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. C-6A(WY) (0005),Ot'g<& Page 8 of 15 Inilia~JJV Form 3051 1/01 ,'r / :',c< .", "'>æ:::23 "'~) '- ~",,~.J¡)' ."",,, ('! ç-~- ~- " ~ \, '-; ~j 4 J... 7 (b) Any such agreements will not affect, the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment, of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is, damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken ,promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destnction, or loss ir, value divided by (b) the fair market value of the Property immediately before the partial taking, de-struction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the swr..s secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the SUIr,S are then due. If the Property is abandoned by Borrower, or if, 'after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this, Security Instrument, whether or not,then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds, Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, 'cquld result in forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impainnent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. cD-6A(WY) (0005),01 (8) Page 9 of 1? Init~ Form 3051 1/01 i!-;t.ï~~¡'¡:'~"~;~'~ i;; ~.·il'·'·i·.;"· ~EOOE~~;~,~!: ~~~m~~mn¡~ - ; ,', 5'ry. <''¡ ."'.<:...." "~.L.i xU '"-.' -...-'t·....;,. ;'''. On 4 r, 8 .....} tl ,-:. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modificationof amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by t\lis Security Instrumert by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender' s acceptanc'~ of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obJigated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of thi,,; Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument inwTiting, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting L~nder' s interest in the Property and rights under this Security Instrument, including, but not limited to, 1'.ttorneys' fees, property inspection and valuation fees. In regard to any oth(~r fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower, shaH not be construed a" a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall b,~' reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). BOlTower's acceptance of any such refund made by direct payment to BOlTower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by. Borrower or Lender in connection with this Security Instrument must be in writing.' Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be ònly one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein Unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. cG-6A(WY) (0005),01 ~ Page 10 of 15 ~~H~ ~i~l~ Inil~jJJV Form 3051 1/01 · .' ';23 '-- ~"'""".- ~ . >,:00429 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal Jaw and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might ~xp1icit1y or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shal1not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. . As used in this Security Instrument:. (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given on~ copy of the Note and of this Security Instrument. 18. Transfer or the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower. is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. . If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the. notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the tennination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcingthis Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to .aSsure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fonns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cé:shier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully efft;ctive as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale :night result in a. change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which wil1 state the name and address of the new Loan Servicer, the address to which payments should be made and any other infonnation RESP A C-6A(WY) (0005).01 <3> Page 11 of 15 Initia~ Ji.XL.' Form 3051 1/01 ~::::::;:::~:;::~-;:" ;;:, "',··,',·,,··,',..,·,,·jl" 'I'. ~~!:.';~:!:d~~:;·:':'}:, , r I Jr,l, i~!~mæI~F ..."¡.'" .r" r::::: .or,» "'J U~)-:1_.I_~~~ ~;~~ , 00430 requires in connection with a notice of transfer of servicing, If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note ¡;>urchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deem~d to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 13 shall bc deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous sub.stances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to, be appropriate to nonnal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substan,ce which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. .-6A(WY) (0005).01 <!> Page 1 2 of 15 Initi~~ Form 3051 1/01 '-~ ;.'{':~~:' , / '~, - '''5,r))',:;, .:iQ..'~: ' ,N'LA U'--.J!~I.-_. ,'~ 0 04 31 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach ,of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicabîe L~w provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration 'and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any othel' remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give Mtice of the sale to Borrower in the manner provided in Section IS. Lender shall publish the notice of sale, and the P!"'operty shall be sold in the manner prescribed by Applicable Law. Lender or itft rlesignee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is pennitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. .-SA(WY) (0005).01 <I> Page 13 of 15' Init~)..,l.-{l../ Form 3051 1/01 ·'«:::::M:::~::;, ' ~I¡I"'·"I ;·'·; ·' 'i'l "i~'<" :l1~~:!;±;;;:~};¡:'~' @ffif*~1IT~: .f\ç .';'! oT/ f:~'Þ O} U,-,)~I'-',~.J..¡";Þ ,~n¡O"4'3' ti .. \J ~ 'L r..", (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations, under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfonnance of Borrower's covenants and agreements under this Security Instrument and the Note, For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the COUNTY of LINCOLN [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Lot 2 of Star West Subdivision, Lincoln Cbunty, Wyoming as described on the official plat thereof. Parcel ID Number: 110 STAR WEST DRIVE AFTON ("Property Address"): which currently has the address of [Street] [City] , Wyoming 83110 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, òut ,Qot limited to, releasing and canceling this Security Instrument. , ' BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unifonn covenants for national use and non-unifonn covenants with limited variations by jurisdiction to constitute a unifonn security instrument covering real property. G-6A(WY) (0005).01 <I> Page 3 of 15 InltlaIS:~ Form 3051 1/01 / ':_~ 0 04 :3 3 ,,"\ c· .4: .r~, S';;:¡' 3 U~)__I'~ ,.~ BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument a;¡d in any Rider ex~cuted by Borrower and recorded with it. Witnesses: / (Seal) -Borrower vMl~ Rß,r¡m6Yld- (So&) Me I i ssa W Raymond -Borrower (Seal) -Borrower ( Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower G-6A(WY) (0005),01 ~ Page 14 of 15 Form 3051 1/01 / :~mmŒ~¡~~~r~~[I::: " 00434 ù~)~=¿'52;j STATE OF WYOMING, LINCOLN County ss: The foregoing instrument was acknowledged before me this September 28th. 2005 by Randa I I C Raymond, Me I i ssa W Raymond My Commission Expires: c¡ ~ /5-07 ~~ (¡/ /2y~~ GLORIA K BYERS. NOTARY PUBLIC C~unty of State of Uncol" Wyoming My CommIssIon Expires Sept. 15, 2007 G-6A(WY) (0005).02 (!) Page 15 of 1 5 InitlaIS;~ JjfJ Form 3051 1/01 ,,;t;ia. ~r ~i¡''- ; , 00435 ~ C-,. ~_;'. 0,1-,." r.- ,rþ .."~ " ~~." "c,,>';';- <¡. U__,~t--,_ "t...A Loan Number: 0032021107 LOW DOWN PAYMENT MORTGAGE RIDER TO SECURITY INSTRUMENT THIS LOW DOWN PAYMENT MORTGAGE RIDER TO SECURITY INSTRUMENT is made this 28th day of September, 2005, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note to Coldwell Banker Mortgage ("Lender") covering the Property described in the Security instrument and located at: II 0 STAR WEST DRIVE AFTON, WY 83110 [Property Address] ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. LOW DOWN PAYMENT MORTGAGE RATE REDUCTION The Note provides for the reduction in the Borrower's interest rate as follows: 1. LO)V DOWN PAYMENT MORTGAGE RATE REDUCTION Borrower ha1 agreed to pay the rate of interest set forth in Section 2 of the Note (the "Note Rate") until the full amount of principal has been paid. Note Holder agrees to decrease the Note Rate by 0.375 percentage point(s) on the earlier of (a) the First Cancellation Date or the Second Cancellation Date, provided that the conditions described in LA or 1.B below, as applicable, are satisfied; br (b) the Termination Date, provided that Borrower's monthly payments are current at that time. A. First Cancellation Date The "First Cancellation Date" is defined as the date that is the first monthly payment due date after Note Holder has verified that Borrower has satisfied all of the following requirements: (I) Borrower must request cancellation in writing; (2) the mortgage balance: (a) is first scheduled to reach 80% of the original property value; or (b) actually reaches 80%' of the original property value; (3) Borrower has demonstrated a Good Payment History (as described below); and (4) the then-current value of the property is at least equal to the original property value. (For purposes of calculating original property value hereunder, Borrower's loan-to-value ratio at origination is 89.74%. In addition, the then-current property value will be based on a new appraisal or broker's price opinion obtained by Note Holder and paid for by Borrower.) \ For purposes of the First Cancellation Date, Borrower will have demonstrated a Good Payment History if the Borrower has had neither (I) a payment thirty (30) days or more past due in the twelve (12) months preceding the payment due date immediately prior or the First Cancellation Date, nor (2) a payment sixty (60) days or more past due in the twenty-four (24) months preceding the payment due date immediately prior to the First Cancellation Date. If Borrowerhas had the mortgage loan for less than twenty-four (24) months, this payment history requirement will be based on the length of time Borrower has had the mortgage loan. MULTISTATE LOW DOWN PAYMENT MORTGAGE RIDER TO SECURITY INSTRUMENJ:-Single Family-Fannie Mae UNIFORM INSTRUMENT 0641414 (0007) 'Page 1 0; 3 ~·:':·:·Z;:'N5.' 'I·;·:·:·:·;"·:+:·;';'¡. ~,~t~âb:~:.~. :;ø~:~~:; ~:¡}¡~~;~;!~;;;ji~~~~: . ,.-·00436 ..... .'. "¡. '. """,r't:'~··'" ,:ì.<::"" -, " t::; /~.·4 U~I"",-__,¡<, ~~~'LI B. Second Cancellation Date The "Second Cancellation Date" is defined as the date that is the first monthly payment due date after Note Holder has verified that Borrower has satisfied all of the following requirements: (1) Borrower must request cancellation in writing; (2) the mortgage balance must be paid down to a point that it,: (a) if within 2 to 5 years of the date of this document, reaches 75% of the current property value, or (b) if after 5 years of the date of this document, reaches 80% of the CUiTent property value (current property value to be based on a new appraisal obtained by Note Holder and paid for by Borrower); and (3) the loan must have at least a twenty-four (24) month history. For purposes of the Second Cancellation Date, the Borrower will have demonstrated a Good Payment History if the Borrower has had neither (1) a payment thirty (30) days or more past due in the twelve (12) months preceding the payment due date immediately prior to the Second Cancellation Date, nor (2) a payment sixty (60) days or more past due in the twenty-four (24) months preceding the payment due date immediately prior to the Second Cancellation Date. C. Termination Date The "Termination Date" is defineJ as the earlier of: (I) the date that the mortgage balance is first scheduled to reach 78% of the original value of the property; or (2) the first day of the month after the date that is the mid-point of the original mortgage amortization period. F.or purposes of the Termination Date, the Borrower's monthly payments will be deemed to be current if thè payment due in the month before the Termination Date, all prior monthly payments, and any outstanding late charges have been paid by the end of the month before the Termination Date. If the Borrower's monthly payments are not current on the Termination Date, the rate will be reduced thereafter on the first payment due date following the date on which Borrower's monthly payments become current. D. New Payment Amount If and when the Note Rate is reduced as described above, Note Holder will advise Borrower (I) of the amount of the new monthly payment that would be sufficient to repay the unpaid principal Borrower will owe on the date the Note Rate is reduced, in full on the inaturity date at Borrower's new Note Rate in substantially equal payments (the resillt ofthe calculation will be Borrower's New Payment Amount"); and (2) the date on which the New Payment Amount is to commence, which shall be the next payment due date after the First Cancellation Date, the Second Cancellation Date, or the Termination Date, as applicable. MULTISTATE LOW DOWN PAYMENT MORTGAGE RIDER TO SECURITY INSTRUMEN~-Single Family-Fannie Mae UNIFORM INSTRUMENT 0641414 (0007) Page 2 of 3 ~... ~ ~ J , ,::00437 " .,.-r-<t\ ,f'\([¡\'~î """C"i~, '" Uo.J--.J\---" """",,,~o:o.d J BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Low Down P'ymon' Mort..g' R;d" '0 Socudty ¡n'!rumon':. ¡2 , ~~/?~ _ (Seal) Randall C Raymond -Borrower vMf,Ú1J~ /~aLJ1YJ()AA (Seal) Melissa W Raymond fIIf('-1J' ., -Borrower MULTISTATE LOW POWN PAYMENT MORTGAGE RIDER TO 'SECURITY INSTRUMENT-Single Family-Fannie Mae UNIFORM INSTRUMENT 0641414 (0007) Pago 3 of 3' ';¡"if:~:¡:'~I·;;l;·g '¡¡.tj~ \,.~lf .""."t"~:&, -'~,~~l~~~i~t;;l'ffIIr "~ii!3: