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HomeMy WebLinkAbout921069 :j~ii~~~~;;~e; c d8r!¡~¡¡~'\2 When recorded mail to: First American Title Insurance Lenders Advantage 1228 Euclid Avenue, Suite 400 Cleveland, Ohio 44115 Attn: ASP Team Prepared BY: -- ------ GERREN CAMPBELL 15 t 5 L0oJlVìu.:t 6(buL ~Itf\ 'Û\\~ìù __"..__._-____·..~c RECEIVED 8/8/2006 at 4:26 PM RECEIVING # 921069 BOOK: 629 PAGE: 462 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERE~: ~ \ ()DqÒDÖ(~ (Space Above This Line For Recording Datal 4220660 00013798908607006 [Doc ID #] [Escrow/Closing #] MORTGAGE MrN1000157-0007038435-5 . , DEFrNITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain mles regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JULY 19, 2006 with all Riders to this document. (B) "Borrower" is J DUANE COATES, A SINGLE MAN , together Bon·ower is the mOligagor under this Security Instmment. (C) "MERS" is MOligage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for ,Lender and Lender's successors 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. (D) "Lender" is COUNTRYWIDE HOME LOANS, INC. Lender is a CORPORATION organized and existing under the laws of NEW YORK Lender's address is 4500 Park Granada MSN# SVB-314, Calabasas, CA 91302-1613 (E) "Note" means the promissory note signed by Borrower and dated JULY 19, 2006 . The Note states that Borrower owes Lender TWO HUNDRED TWENTY TWO THOUSAND SIX HUNDRED and 00/100 Dollars (U.S. $ 222,600.00 ) plus interest. Borrower has prornised to pay this debt in regular Periodic Payments and to pay the debt in full not later than AUGUST 01, 2036 (F) "Property" means the propeliy that is described below under the heading "Transfer of Rights in the Property. " WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS ~ -6A(WY) (0005) CONVIVA Page 1 of 11 CHL (08/05)(d) VMP Mortgage Solutions, Inc. (800)521-7291 Form 3051 1/01 *23991* * 1 379 8 9 0 8 6 0 0 0 0 0 2 0 0 6 A * / 09210f)~ 000463 DOC ID #: 00013798908607006 (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. (H) "Riders" means all Riders to this Security Instmment that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): ŒJ Adjustable Rate Rider D Balloon Rider DVARider D Condominium Rider D Second Home Rider D Planned Unit Development Rider D 1-4 Family Rider D Biweekly Payment Rider D Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative mles 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 instmment, 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 teml includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. ~ (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third patiy (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destmction 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 ofthe Prope11y. (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 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Pat1 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 Instnlluent, "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESP A. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that pat1y has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instmment secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfornlance 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 propeliy located in the COUNTY of LINCOLN [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. I;;>. -"31 \ (S' - 3D-LI -Cf) -6î I. W Parcel ID Number: which cUlTently has the address of 435 SNAKE RIVER DRIVE, ALPINE [Street/City] Wyoming 83128 [Zip Code] ("Property Address"): ~ -6A(WY) (0005) CHL (08/05) Page 2 of 11 Form 3051 1/01 i~m~~ili~mm] ~~~II[j 09210b9 C00464 DOC ID #: 00013798908607006 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appUlienances, and fixtures now or hereafter a part of the propeliy. All replacements and additions shall also be covered by this Security Instmment. All of the foregoing is refeo'ed to in this Security Instrument as the "Propeliy." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instmment, but, if necessaty 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, but not 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 Propeliy 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 unifornl covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a unifornl security instmment covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Boo'ower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instmment shall be made in U.S. cllrrency. However, if any check or other instmment received by Lender as payment under the Note or this Security Instmment is rehlmed to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instmment be made in one or more of the following fOOllS, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or paliial payment if the payment or patiial payments are insufficient to bring the Loan current. Lender may accept any payment or paliial payment insufficient to bring the Loan cUlTent, 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 BOlTower makes payment to bring the Loan current. If Boo'ower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Boo·ower. 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 BOlTower might have now or in the future against Lender shall relieve BOITower from making payments due under the Note and this Security Instmment or perfomling the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Boo'ower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. BOlTower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the teml 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 fÌJmish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Boo'ower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Bon-ower's obligation to pay to Lender Funds for any or all Escrow ~ -6A(WY) (0005) CHL (08/05) Page 3 of 11 Form 3051 1/01 / · , 0921J)f..9 COC465 DOC ID #: 00013798908607006 Items at any time. Any such waiver may only be in writing. In the event of such waiver, BOITower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If BOlTower is obligated to pay Escrow Items directly, pursuant to a waiver, and Bon'ower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under 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 cunent data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESP A. Lender shall not charge BOITower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Bon'ower interest on the Funds and Applicable Law pe1111its Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Bon'ower any interest 01' earnings on the Funds. Bonower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Bon'ower, without charge, an annual accounting of the Funds as required by RESPA. Ifthere is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to BOlTower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESP A, Lender shall notify Bonower as required by RESP A, and BOITower 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 deficiency of Funds held in escrow, as defined under RESP A, Lender shall notify BOlTower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESP A, but in no more than 12 monthly payments. Upon payment in filII of all sums secured by this Security Instrument, Lender shall promptly refi1l1d to BOlTower any Funds held by Lender. 4. Charges; Liens. BOITower 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, it' any. To the extent that these items are Escrow Items, Bon'ower shall pay them in the manner provided in Section 3. Bonower shall promptly discharge any lien which has priority over this Security Instnll11ent unless Bon'ower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perfoll11ing such agreement; (b) contests the lien in good faith by, or defends against enforceíhent 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 detel111ines that any pali of the Property is subject to a lien which can attain priority over this Security Instmment, Lender may give Bonower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set fOlih above in this Section 4. Lender may require Bonower to pay a one-time charge for a real estate tax verification and/or repOliing service used by Lender in connection with this Loan. 5. Property Insurance. BOlTower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance calTier providing the insurance shall be chosen by BOITower subject to Lender's right to disapprove Bon'ower's choice, which right shall not be exercised unreasonably. Lender may require Bon'ower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone dete1111ination, certification and tracking services; or (b) a one-time charge for flood zone dete1111ination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone dete1111ination resulting from an objection by Bonower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Bon'ower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect BOITower, BOlTower's equity in the Property, or the contents of the Property, against any risk, hazard ~ -6A(WY) (0005) CHL (08/05) Page 4 of 11 Form 3051 1/01 ~;;;~~;;!m~~~~;~~~: 0921069 C00466 DOC ID #: 00013798908607006 or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that BOlTower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of BOlTower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Bon'ower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mOligage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal ceIiificates. If Lender requires, Bon'ower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Bon'ower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mOIigage clause and shall name Lender as mOIigagee and/or as an additional loss payee. In the event of loss, Bon'ower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Bon'ower. Unless Lender and Bon'ower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the PropeIiy, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such PropeIiy to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undeIiaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress prlyments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay BOlTower any interest or eamings on such proceeds, Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of BOlTower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If BOlTower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance caITier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) BOlTower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of BOlTower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the PropeIiy, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the PropeIiy or to pay amounts unpaid under the Note or this Security Instmment, whether or not then due. 6. Occupancy. Bonower shall occupy, establish, and use the PropeIiy as Bon'ower's principal residence within 60 days after the execution of this Security Instmment and shall continue to occupy the Property as Bon'ower's principal residence for at least one year after the date of occupancy, unless Lender otheIwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7, Preservation, Maintenance aud Protection of the Property; Inspections. Bon'ower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Bon'ower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is detem1ined pursuant to Section 5 that repair or restoration is not economically feasible, Bon'ower shall promptly repair the PropeIiy if damaged to avoid fmiher deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Bon'ower shall be responsible for repairing or restoring the PropeIiy only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progæss payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, BOlTower is not relieved of Bon'ower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the PropeIiy. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give BOlTower notice at the time of or prior to such an interior inspection specifying such reasonable cause, 8. Borrower's Loan Application. Bonower shall be in default if, during the Loan application process, Bon'ower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate infom1ation or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations conceming Bon'ower's occupancy of the PropeIiy as BOlTower's principal residence, ~ -6A(WY) (0005) CHL (08/05) PagE! 5 of 11e Form 3051 1/01 / 0921069 COC467 DOC 1D #: 00013798908607006 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Bon'ower fails to perfOlm the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instnul1ent (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instmment or to enforce laws or regulations), or (c) BOlTower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Propeliy and rights under this Security Instmment, including protecting and/or assessing the value of the Propeliy, and securing and/or repairing the Propeliy. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in cOUli; and (c) paying reasonable attol11eys' fees to protect its interest in the Property and/or rights under this Security Instmment, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Propeliy 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 BOlTower secured by this Security Instmment. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Bon'ower shall comply with all the provisions of the lease. If BOlTower acquires fee title to the Propeliy, 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, BOlTower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the MOligage Insurance coverage required by Lender ceases to be available from the mOligage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Bon'ower shall pay the premiums required to obtain coverage substantially equivalent to the MOligage Insurance previously in effect, at a cost substantially equivalent to the cost to Bon'ower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, BOlTower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of MOligage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or eal11ings 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 MOligage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Bon'ower and Lender providing for such te1111ination or until te1111ination is required by Applicable Law. Nothing in this Section 10 affects BOl1'ower's obligation to pay interest at the rate provided in the Note. MOligage Insurance reimburses Lender (or any entity that purchases the Note) for celiain losses it may incur if BOlTower does not repay the Loan as agreed. BOl1'ower is not a paliy to the MOligage Insurance, MOligage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other paliies that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or patiies) to these agreements. These agreements may require the mOligage insurer to make payments using any source of nmds that the mOligage 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 pOliion of BOlTOwer's payments for MOligage Insurance, in exchange for sharing or modifying the mOligage 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 alTangement is often termed "captive reinsurance." Fmiher: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not incI'ease the amount Bon"ower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. ~ -6A(WY) (0005) CHL (08/05) Page 6 of 11 Form 3051 1/01 ii~~¡I~~~Wii!i¡;': j'~~~E;m C00468 0921.0C9 DOC 1D #: 00013798908607006 (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 01- termination, 11. Assignment of Miscellaneous Proceeds; Fol"feiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Propeliy 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 Propeliy to ensure the work has been compJeted 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 BOlTower any interest or eamings 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 Bon·ower. 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 shaH be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to BOlTOwer. : In the event of a partial taking, destmction, or loss in value of the Propeliy in which the fair market value of the Property immediately before the partial taking, destmction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Propeliy immediately before the partial taking, destmction, or loss in value. Any balance shall be paid to Bon-ower. In the event of a partial taking, destruction, or loss in value of the Propeliy in which the fair market value of the Property immediately before the partial taking, destmction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unJess BOlTower and Lender othelwise agree in writing, the Miscellaneous Proceeds shaH be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Bon-ower, 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, Bon-ower 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 Paliy" means the third patiy that owes BOlTower MisceHaneous Proceeds or the patiy against whom Borrower has a right of action in regard to Miscellaneous Proceeds. BOlTower shall be in default if any action or proceeding, whether civil or criminaJ, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Propeliy or rights under this Security Instrument. BOlTower can cure such a default and, if acceleration has occUlTed, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Propeliy or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impaim1ent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amOliization of the SUl11S secured by this Security Instrument granted by Lender to BOlTower or any Successor in Interest of BOlTower shall not operate to release the liability of BOlTower or any Successors in Interest of BOlTower. Lender shall not be required to commence proceedings against any Successor in Interest of BOlTower or to refuse to extend time for payment or othelwise modify amoliization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of BOlTower or in amounts Jess than the amount then due, shall not be a wai ver 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 Bon-ower's obligations and liability shall be joint and several. However, any Bon'ower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security ~ -6A(WY) (0005) CHL (08/05) Page 7 of 11 Form 3051 1/01 / 0921.069 C00469 DOC ID #: 00013798908607006 Instmment only to mortgage, grant and convey the co-signer's interest in the Property under the ten11S of this Security Instl1lment; (b) is not personally obligated to pay the sums secured by this Security Instl1lment; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instl1lment or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Bon'ower who assumes Bonower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Bonower shall not be released fi'om Bon'ower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instmment shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bon'ower fees for services perf0l111ed in connection with BOlTower's default, for the purpose of protecting Lender's interest in the Propeliy and rights under this Security Instrument, including, but not limited to, attomeys' fees, propeliy inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instmment to charge a specific fee to BOlTower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable. Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the pem1itted limits, then: (a) any such loan charge shall be reduced by the amount necessalY to reduce th<¡ charge to the pem1itted limit; and (b) any sums already collected from Bon'ower which exceeded pen11itted lin'tits will be refunded to BOlTower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Bonower. If a refimd reduces principal, the reduction will be treated as a paliia] prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Bon'ower 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 BOlTower in connection with this Security Instmment shall be deemed to have been given to Bon'ower when mailed by first class mail or when actually delivered to Bonower's notice address if sent by other means. Notice to anyone Bonower shall constitute notice to all BOITowers unless App]icab]e Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Bonower shall promptly notify Lender of Bon'ower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then BOlTower shall only report a change of address through that specified procedure. There may be only 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 Instl1lment 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 Applicab]e Law, the App]icab]e Law requirement will satisfy the cOITesponding requirement under this Security Instl1lment. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be govemed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of App]icab]e Law, App]icable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be constmed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with App]icab]e Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include cOlTesponding 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. BOITower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Propeliy" means any legal or beneficia] interest in the Propeliy, including, but not limited to, those beneficial interests transfelTed in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by BOlTower at a future date to a purchaser. If all or any part of the Propeliy or any Interest in the Property is sold or transfened (or if Borrower is not a natura] person and a beneficia] interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in filII of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicab]e 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 Bonower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without filrther notice or demand on BOlTower. . -6A(WY) (0005) ® CHL (08/05) Page 8 of 11 Form 3051 1/01 ::;¡;¡!~mm;;~?;~~~ ~;: 0921069 C00470 DOC ID #: 00013798908607006 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Bon"ower 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 termination of Bon"ower's right to reinstate; or (c) entry of a judgment enforcing this Security Instmment. Those conditions are that Bon"ower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occUlTed; (b) cures any default of any other covenants or agreements; (c) pays all expenses incuned in enforcing this Security Instmment, including, but not limited to, reasonable atto111eys' fees, propeliy inspection and valuation fees, and other fees incun-ed for the purpose of protecting Lender's interest in the Propeliy 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 Bon-ower's obligation to pay the sums secured by this Security Instmment, shall continue unchanged. Lender may require that Borrower pay such reinstatement SUlUS and expenses in one or more of the following fo 1111 S , as selected by Lender: (a) cash; (b) money order; (c) ce11ified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Bon'ower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occlmed. 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 paliial interest in the Note (together with this Security Instmment) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Prlyments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, BOlTOwer will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESP A 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 mot1gage loan servicing obligations to Bon'ower will remain with the Loan Servicer or be transfen-ed to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such BotTower 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 pat1y hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and oppot1unity to cure given to BOlTower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take cotTective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fot111aldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Prope11y 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. Bonower shall not cause or pe1l11it the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Prope11y. Borrower shall not do, nor allow anyone else to do, anything affecting the Prope11y (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Bon'ower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any gove1l1mental or regulatoty agency or private patiy involving the Prope11y and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Prope11y. If Borrower lea1l1s, or is notified by any govemmental or regulatoty authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessaty, Bon'ower shall promptly take all necessalY remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. ~ -6A(WY) (0005) CHL (08/05) Page 9 of 11 Form 3051 1/01 0921.069 GOC471 DOC 1D #: 00013798908607006 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 agl'eement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borro\ver, 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 other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incuITed 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 notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee 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 Instmment, Lender shall release this Security Instmment. BOITower shall pay any recordation costs. Lender may charge Bon-ower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law, 24. \Vaivers. Bon'ower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the tenl1S and covenants contained in this Security Instrument and in any Rider executed by Bon'ower and recorded with,it. g-D~ ~.. J DUANE COATES (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower ~ -6A(WY) (0005) CHL (08/05) Page 10 of 11 Form 3051 1/01 llimili~m¡~~i~f' [¡;;~~m~mm;~~i Cor472 On~»1 f)f' G J:r~..:la'" -... .JJ STATE OF WYOMING, by ,~ Ju.. My Commission EXPires:~fYlÁ~VJ ':bl L.b I 0 ~M~~ .-.It' ""'Î AMY GUEAR - NOTARY PUBLIC COUNiY 1.;':= AIE.\ STATE OF LINCOLN \B1 WYOMING ~V Cm.fMIS$:)~IJ:XPIRES 1/31/2010 AMY GUEAR - NOTARY PUBLIC coum OF <",:'TE OF LINCOLN ~.. Y0MING MY COMMISSION EXPIRES 1131/2010 ~ -6A(WY) (0005) CHL (08/05) Page 11 of 11 Form 3051 1/01 / 0921069 C00473 LOAN #: 137989086 FIXED/ADJUSTABLE RATE RIDER (LIB OR One-Year Index (As Published In The Wall Street Journal) - Rate Caps) THIS FIXED/ADJUSTABLE RATE RIDER is made this NINETEENTH day of JUL Y, 2006 , and is incorporated into and shall be deemed to amend and supplenlent the Mortgage, Deed of Trust, or Security Deed (the "Security Instmment") of the same date given by the undersigned ("Borrower") to secure Bon'ower's Fixed/Adjustable Rate Note (the "Note") to COUNTRYWIDE HOME LOANS, INC. ("Lender") of the same date and covering the property described in the Security Instrument and located at: 435 SNAKE RIVER DRIVE ALPINE, WY 83128 [Propetiy Address] THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, BOtTower and Lender ftuiher covenantand agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 6 . 625 %. The Note also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of AUGUST, 2011 , and the adjustable interest rate I will pay may change on that day evety 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." ~:~:;:$:j .~~l¡W;i .ó;,:.:..:~~:.;¡:~;;~ · FIXED/ARM Rider Interest First/Only LlBOR One-Year Index 1 E460-US (10/05)( d) Page 1 of 5 * 2 3 99 1 * * 1 3 7 9 8 9 0 8 6 0 0 0 0 0 1 E 4 6 0 * ~m~!ff~*¡!~IJ; 09210f~9 C00474 (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the average of interbank offered rates for one-year U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the "ClllTent Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable inf01l11ation. The Note Holder will give me notice of this choice. \ LOAN #: 137989086 (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO & ONE-QUART percentagepoints( 2.250 %) to the CUlTent Index. The'Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment. For payment adjustments occun'ing before the First Principal and Interest Payment Due Date, the amount of my monthly payment will be sufficient to repay all accmed interest each month on the unpaid principal at the new interest rate. If I make a voluntalY payment of principal before the First Principal and Interest Payment Due Date, my payment amount for subsequent payments will be reduced to the amount necessmy to repay all accmed interest on the reduced principal balance at the cun'ent interest rate. For payment adjustments occurring on or after the First Principal and Interest Payment Due Date, the amount of my monthly payment will be sufficient to repay unpaid principal and interest that I am expected to owe in full on the Maturity Date at the ClllTent interest rate in substantially equal payments. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11 . 625 % or less than 2 . 250 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 11 . 625 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes Before the effective date of any change in my interest rate and/or monthly payment, the Note Holder will deliver or mail to me a notice of any change, The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until my initial fixed interest rate changes to an adjustable interest rate under the tenns stated in Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows: · FIXED/ARM Rider Interest First/Only LlBOR One-Year Index 1 E460-U8 (10/05) Page 2 of 5 0921.069 COC475 LOAN #: 137989086 Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests trans felTed in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by BOlTOwer at a future date to a purchaser. , If all or any part of the Property or any Interest in the Propeliy is sold or transfen'ed (or if BOlTower 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 Bon'ower 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 BOlTower must pay all sums secured by this Security Instmment. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pel111Ïtted by this Security Instrument without further notice or demand on BOlTower. 2. When my initial fixed interest rate changes to an adjustable interest rate under the tenTIS stated in Section A above, Unifol111 Covenant 18 of the Security Instmment described in Section B.I above shall then cease to be in effect, and the provisions of Unifol111 Covenant 18 of the Security Instrument shall be amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Propelty" means any legal or beneficial interest in the Property, including, but not limitedto,those beneficial interests transfen'ed in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by BOlTower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transfelTed (or if BOlTower is not a natural person and a beneficial interest in Borrower is sold or transfelTed) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instmment. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender infOlmation required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably detel111ines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. · FIXED/ARM Rider Interest First/Only LlBOR One-Year Index 1E460-US (10/05) Page 3 of 5 ::::::::::::::::::::;;~ t~~:~~!3;¿;~:::\ ;~~1¡;~m~;mm[~; 0921.0C9 C00476 LOAN #: 137989086 To the extent pen11itted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instmment. Bon'ower will continue to be obligated under the Note and this Security Instrument unless Lender releases Bon'ower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give BOlTower 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 BOl1'ower must pay all sums secured by this Security Instmment. If BOlTower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pen11itted by this Security Instrument without further notice or demand on BOlTower. · FIXED/ARM Rider Interest First/Only LlBOR One-Year Index 1 E460-US (10/05) Page 4 of 5 1'/ 0921069 C00477 LOAN #: 137989086 BY SIGNING BELOW, BOlTower accepts and agrees to the terms and covenants contained in this F¡XO&AdjU'~])R:. Qk DANE COATES (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower · FIXED/ARM Rider Interest First/Only LlBOR One-Year Index 1 E460-US (10/05) Page 5 of 5 ~J::i::::::::::::!:¡:::~ :.L.~.a¿~~~,~.:.:. Co i1~f~t ~.ëJ:¡i ü92:10f-Ì9 C00478 Form No. 330] (6/00) Short Form Commitment, EAGLE ASP ORDER NO: 4220660 FILE NO: LENDER REF: 732419 Exhibit "A" The land referred to in this policy is situated in the STATE OF WYOMING, COUNTY OF LINCOLN, CITY OF ALPINE, and described as follows: LOT 53, RIVER VIEW MEADOWS ADDITION TO THE TOWN OF ALPINE WITHIN THE SE1/4 OF SECTION 30, T37N, R118W, ACCORDING TO THE PLAT FILED JULY 2,1993 AS INSTRUMENT NO. 767416. APN: 12-3718-30-4-00-071.00 CO~1ES GE \\\\\\\\\\\\~\\\\\\~ ERS ~C'IJ~~1~ \QIQI92Q13G lC~~ \.E~O RS1 ~\,\ER f:OR1G~G\~\\\\\\\\\\\\\\\\\\\ \\ \\\\\\ \\ \~ \\\\\\\\\ \\\\\ \ PAGE 5 to.