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HomeMy WebLinkAbout922248 ...'...".'.-..,"..'. -" '.' 0001.00 '\ u.,ft~r R8eô,d;,I!, Ret...", Tv. ·COUNTRYWIDE HOME LOANS, INC. MS SV~79 DOCUMENT PROCESSING ~.O.Box 10423 Van Nuys, CA 91~10-0423 Prepared By: KARA BIANCHI RECEIVED 9/7/2006 at 3:01 PM RECEIVING # 922248 BOOK: 633 PAGE: 100 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY (ì \V '---:, ------ --- -...;.....- -,- ------ ......: - - .---. -. ._, ~ - .- -- - 100/699 ~ '/:1. (p ~ 51~ [Space Above This Line For Recording Data] 142694488 00014269448808006 [Escrow/Closing ,¡ [Doc ID ,] MORTGAGE MIN 1000157-0007163414-7 TIllS MORTGAGE is made this 15th day of AUGUST, 2006 , between the Mortgagor, ALLAN J SCHOONOVER, AND DELORES C SCHOONOVER, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES (herein "Borrower"), and the Mortgagee, Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, a~ hereinafter defined, and Lender's successors and assigns). 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. COUNTRYWIDE HOME LOANS, INC. A CORPORATION , ("Lender") is organized and existing under the laws of NEW YORK , and has an address of 4500 Park Granada, Calabasas, CA 91302-1613 WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 100, 000 . 00 , which indebtedness is evidenced by Borrower's note dated AUGUST 15, 2006 and extensions and renewals thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of indebtedness, if not sooner paid, due and payable on SEPTEMBER 01, 2021 ; TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to MERS I WYOMING - SECOND MORTGAGE - 1/80 - FNMAlFHLMC UNIFORM INSTRUMENT WITH MERS . -76N(WY) (0308) @ CHL (08/05)(d) Page 1016 VMP Mortgage Solutions, Inc. (800)521-7291 Form 3851 Amended 2/01 . 2 3 991 . . 1 4 2 6 944 8 8 0 0 0 0 0 1 0 7 6 N . f::!::::*:::~;'j;:::;! ~;~~:i:.:.:;~:;¡ ~:~:~;~~~:;:~:~¡;! :~:::;~~:;:;:;:~;;:;¡:i . , . ~'~'->:>......'.-"''''''''' ",' .-,;'. , ". . """ , ',. -',-o-..:a;.·~~"'~"'_', . '."'.~ ...., ,-,~..:" 'c~: '.:. ",_". ~" ~ . ~-"",,,,"-"U<,,,,~.,,-._ ' . , . ,'...-....-,..-..,. - ".. ;,' .".."...........'~,C.,.......~",..:r,.'.... '...~....,~~.., ','.:..., ;'.'.., '. ., ., ...,.. '__, ,,,'.,,,: "~l''''''"': :';.. ",_ _., ...''', ." , O~jZ~2tlS 0001.01. DOC ID #: 00014269448808006 e~olely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of ~ale, the following described property located in the County of LINCOLN , State of Wyoming: SEE EXHIBIT "An ATTACHED HERETO AND MADE A PART HEREOF. í which has the address of 83127· 441 ASPEN WAY, THAYNE [Street, Cityl [Zip Codel (herein "Property Address"); , Wyoming TOGETIIER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower understands and agrees that MERS holds only legal title to the intereste; granted by Borrower in this Mortgage; 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 seB the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Mortgage. Borrower coven ante; that Borrower is lawfuny 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 covenants that Borrower warrante; and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as fOllows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced 'by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly paymente; of principal and interest are payable under the Note, until the Note is paid in fuB, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessmente;, if any) which may attain priority over this Mortgage and ground rente; on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installmente; for mortgage insurance, if any, all as reasonably estimated initiany and from time to time by Lender on the basis of assessments and biJIs and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shan apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bins, unless Lender pays Borrower interest on the Funds and applicable law pennits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shan not be required to pay Borrower any interest or earnings on the Funds. Lender shan give to Borrower, without charge, an annual accounting of the Funds showing credite; and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. Form 3851 . -76N(WY) (0308) @ CHL (08/05) Page 2 of 6 / . .-._--~-_..."..._...,.. ..-...,-",.~, -.'............--..,. '_'_ 4............._..·.. ___"_.'."", ,_.,,~ ........ø....-..,...... ,.._'~,_._........."...".,--<"._""-.',.,.. .,', I i i 000102 09;¿;~24S I i DOC 1D #: 00014269448808006 If the' amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installment'! of Funds. If the amount of the Funds h~ld by Lender shall not be sufficient to pay taxes, assessment'!, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payment'! as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perfonn all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenant'! to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tenn "extended coverage," and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a fonn acceptable to Lender and shall include a standard mortgage clause in favor of and in a fonn acceptable to Lender, Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit DeveJopments. Borrower shall keep the Property in good repair and shall not commit waste or pennit impainnent or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a lea'!ehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perfonn all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perfonn the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including rea'!onable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance tenninates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other tenns of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. . 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. Form 3851 . -76N(WY) (0308) @. . CHL (08/05) Page 3 016 ;':.:.:':.:.:..-:-:':';': W:;ili~~~~~~1j~: .-----.-,-..-.... ." ---_._'._--~~.~-, -,--~-,,_.~., ---~-~~--'-." ~_....~, ~~,~.._ ~_. , .. ,·,.,..·____.·...,·.·u. ,'.., '.-.....,-......-.-._~.-.,--'<-,_.. .-..... '.-.' ......--..-.. . . ... .-...-~...,.,.,'~,'..,...". , .,....'.....,.,~.,...,-'- O~}-2~~248 0001.03 i DOC 1D t: 00014269448808006 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall ¡,¿ paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. : 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the originaJ Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shaJI not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shaJl bind, and the rights hereunder shaJI inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shaJl be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shaJl be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; SeverabiJity. The state and 10caJ laws applicable to this Mortgage shaJI be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federaJ law to this Mortgage, In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. ' 14. Borrower's Copy. Borrower shaJl be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. RehabiJitation Loan Agreement. Borrower shall fulfil1 all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, mater¡als or services in connection with improvement<; made to the Property . 16. Transfer of the Property or a Beneficial Interest in Borrower. If aJI or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a naturaJ person) without Lender's prior written consent, Lender may, at it<; option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shaJI provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provideó 5n paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; Form 3851 . -76N(WY) (0308) (!> ... CHL (08/05) Page 4 016 / -.. ..._.'. '.., --.--..., ,'_.'~- ._~.',..,',,~ ,..-,--.....-.. .'... ,- . ',_ "." '... 0"" ...,-.....,..,.,'-'.... '" _.._......~...,...,..,.. _, .0' (:). v ~ v )t ....) ì'~ ;¡" I. J ¡(.1 ¡(... A., --rC3 000104 DOC 1D f: 00014269448808006 (2) the ar,tion required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrower, -by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a defaul~ or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable 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 reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees. 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 mail a copy of a notice of the sale to Borrower in the manner provided in paragraph 12 hereof. Lender shall publish the notice of sale and the Property shall be sold in the manner prescribed by applicable law. Lender or Lender's designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Mortgage; and (c) the excess, if any, to the person or persons legally entitled thereto. 18.,Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale contained in this Mortgage or (ii) entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, and at any time' prior to the expiration of any period of redemption following judicial sale, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due, All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of aU sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. . -76N(WY) (0308) (!> .. , Form 3851 CHL (08/05) Page 5016 :~:M::::'~*:;:::;~j 1!~it:~~;1::J !~~¡;~mm*jm~~~~:¡:~~ :~::::::::~1:~:i:::: :~::::::.~'x~,,:.~, ....._--, ... .._... .. ',,-_., ~"-"'" '09222£18 000105 DOC ID #: 00014269448808006 IN WITNESS WHEREOF, Borrower haC) executed this Mortgage. (Seal) - Borrower ~Æ cJ,~ (Seal) DELORES C. SCHOONOVER -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original Only] STATE OF WYOMING, lr lÁ.Cð Ik.,County ss: by ,en\was acknowledged before me this My Commission Expires: fo ({)61êfD70 NANCY J. BROWN - NOTARY PUBLIC COUNTY OF . . STATE OF LINCOLN ~ WY,OMING MY COMMISSION EXPIRES (t' Q5/dð¡o J'\oc!~/1J1V7L Notary Public . ~""'.... . -76N(WY) (0308) CHL (08/05) @ .. . Page 6 of 6 Form 3851 / I I ! lr~2~48 i , I . , 000106 PLANNED UNIT DEVELOPMENT RIDER After Recording Return To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O. Box 10423 Van Nuys, CA 91410-0423 Prepared By: KARA BIANCHI 142694488 [Escrow/Closing #] 00014269448808006 [Doc ID #] THIS PLANNED UNIT DEVELOPMENT RIDER is made this FIFTEENTH day of AUGUST, 2006 , 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 (the "Borrower") to secure Borrower's Note to COUNTRYWIDE HOME LOANS, INC. (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 441 ASPEN WAY THAYNE, WY 83127 [Property Address] The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with MULTISTATE PUD RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORMINSTR~NT . -7R (0405) CHL (06/04)(d) Page 1 of 3 Initials' Pr! @ VMP Mortgage Solutions, Inc. (800)521-7291 For 150 1/01 *,23991* * 1 4 2 6 944 8 8 0 0 0 0 0 2 0 0 7 R * I i::;8:~:!:~~t~¡t¡;¡ ~M.:l¿;:~r':'J ;ifJ'-:,! ~ß: ~;i~£ ~. ,~!;~~ n9222Gt8 0001.07 DOC ID #: 00014269448808006 other such parcels and certain common areas and facilities, as described in THE COVENANTS, CONDITIONS, AND RESTRICTIONS FILED OF RECORD THAT AFFECT THE PROPERTY (ttie "DeClaration"). The Property is a part of a planned unit development known as , STAR VALLEY RANCH [Name of Planned Unit Development] (the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (thE¡ "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation. trust instrument or any equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels). for the periods, and 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, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. Ii What Lender requires as a condition of this waiver can change during the term of the loan. · I Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. I In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable j'n form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connèction with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent. either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent Documents" if the provision is for the Initials: If tJ Þ ~ ~50 1/01 . -7R (0405) @ CHL (06/04) Page 2 of 3 / U922248 0001.08 DOC ID #: 00014269448808006 express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them, Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agree to the terms and provisions contained in this PUD Rider. (Seal) ~ Borrower ~~ q/~ DELORES C. SCHOONOVER (Seal) - Borrower (Seal) - Borrower ( Seal) - Borrower . -7R (0405) @ CHL (06/04) Page 3 of 3 Form 3150 1/01 ~ll~m~mû!¡mti:J ~~::!!:¡~~:::!:::!::¡~ 1,,~¡_M~~~~i~.:i ?If~¡;~r ")"'~8 . \j~o;¿~Ñ~ . 000109 SECOND HOME RIDER After Recording Return To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O. Box 10423 Van Nuys, CA 91410-0423 Prepared By: KARA BIANCHI I ì I I I I I I I TillS SECOND HOME RIDER is made this FIFTEENTH day of A0duST, 2006 , and is incorpomted 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 (the "Borrower" whether there are one or more persons undersigned) to secure Borrower's Note to CQUNTRYWIDE HOME LOANS, INC. I ! (thb "Lender") of the same date and covering the Property described in the Security Instrument (the "Property"), which is located at: 142694488 [Escrow/Closing #] 00014269448808006 [Doc ID #] 441 ASPEN WAY THAYNE, WY 83127 [property Address] MUL TISTATE SECOND HOME RIDER - Single Family - Fannie Mae/Freddie Mac UNIF INSTRUMENT Page 1 of 2 Initial . -365R (0405) CHL (06/04)(d) @ VMP Mortgage Solutions, Inc. (800)521-7291 I . 1 4 2 694 4 8 8 0 0 0 0 0 2 3 6 5 R . · 2 3 9 9 1 . / .'J. 9·· ...,~. )'..~ /t 'ft¡~' \\ "" /'<011 1'4 "-1C '-J> 000110 DOCID #: 00014269448808006 In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the following: 6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower's second home. Borrower shaH keep the Property available for Borrower's exclusive use and enjoyment at all times, and shall not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management finn or any other person any control over the occupancy or use of the Property. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate infonnation or statement<; to Lender (or failed to provide Lender with materialinfonnation) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home. BY SIGNING BELOW, Borrower accepts and agrees to the tenns and provisions contained in this Second Home Rider. (Seal) - Borrower ~.,dd~ DELORES C. SCHOONOVER (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower I i , \8 -365R (0405) CHL (06/04) @ II . I I i i i Page 2 of 2 Form 3890 1/01 ~~~~~~m;~I~ -. ">~;")il'ú b U 3 f\.I ¡(.., Ñ L.f! 00011.1. " , EXHIBIT A I A PARCEL OF LAND LOCATED IN THE COUNTY OF LINCOLN, STATE OF WYOMING, AND KNOWN AS: I BEING LOT NUMBER 51 IN STAR VALLEY RANCH PLAT 2 OF LINCOLN ¡COUNTY RECORDS. I i Permanent Parcel Number: 35192440205100 ALLAN J. SCHOONOVER AND DELORES C. SCHOONOVER, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES 441 ASPEN WAY, THAYNE WY 83127 Loan Reference Number 4266572/142694488 First American Order No: 10016997 Identifier: f/FIRST AMERICAN LENDERS ADVANTAGE 1/1111111111 III III/III SCHOONOVER 10016997 FIRST AMERIcnN LENDERS ADVANTAGE MORTGAGE III II 1111111 III 11111111111111111 11111111111111111 When recorded mail to: FIRST AMERICAN TITLE INSURANCl LENDERS ADVANTAGE 1100 SUPERIOR A VENUE, SUITE 200 CLEVELAND, OHIO 44114 ATTN: FT1120 _.__.._---~',-- -----".- '~-,;.,.A,:",. :..-.' /