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HomeMy WebLinkAbout925086 000348 When Recorded Return To: Custom Title Solutions ", I L!(pO 2550 N, Redhill Ave, dC{LI q! "ÎO Santa Ana, CA 92705 l.¡I 800-756-3524 ext 5996 or 5660 Prepared By: SHANNA HOLMES RECEIVED 12/6/2006 at 2:56 PM RECEIVING # 925086 BOOK: 642 PAGE: 348 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY o pn '. '1>41<3 (Î 4DD2-lø ICO [Space Above This Line For Recording Data] 2944670 [Escrow/Closing .] 00015335481311006 [Doc ID .] MORTGAGE MIN 1000157-0007507917-4 TIllS MORTGAGE is made this 15th day of NOVEMBER, 2006 ,between the Mortgagor, LARRY A SHAW, TRUSTEE, AND JANET L SHAW, TRUSTEE, TRUSTEES OR THEIR SUCCESSORS IN TRUST UNDER THE SHAW LIVING TRUST, DATED JANUARY 30, 1999 AND ANY AMENDMENTS THERETO I (herein "BoITower"), and the Mortgagee, Mortgage Electronic Registration Systems, Inc, ("MERS"), (solely as nominee for Lender, ao; hereinafter defined, and Lender's successors and ao;signs). 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 MSN# SVB-314, Ca1abasas, CA 91302-1613 WHEREAS, BOITower is indebted to Lender in the principal sum of U.S. $ 100, 000.00 , which indebtedness is evidenced by BOITower's note dated NOVEMBER 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 DECEMBER 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 perfonnance of the covenanto; and agreements of BOITower herein contained, Borrower does hereby mortgage, grant and convey to MERS / ,;.,.' WYOMING - SECOND MORTGAGE - 1/80 - FNMAlFHLMC UNIFORM INSTRUMENT WITH MERS Form 3851 Amended 2/01 . -76N(WY) (0308) CHL (05106)(d) íP) Page 1016 VMP Mortgage Solutions, Inc. I1I1111 * 2 3 991 · 11111111111111111111111 · 153 3 548 1 3 0 0 0 0 0 1 0 7 6 N * n'9~~:,:/l~b~.:'í ,DOC ID !~: OQOO:3~ª11006 \solely as nommee for Lender and Lender's successors and assigns) and to the successors and asSignS of MERS, wIth power of sale, the following described prop~rty located in the County of LINCOLN , State of Wyoming: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. which hat; the address of 61 SHOOTING STAR DR, BEDFORD [Street, Cityl 83112-0459 [Zip Code] (herein "Property Address"); , Wyoming TOGETIIER with all the improvements now or hereafter erected on the property, and all easementt;, 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 fOI'ßgoing, together with said property (or the leat;ehold estate if this Mortgage is on a leasehold) are hereinafter referred to at; the "Property." Borrower understands and agrees that MERS holds only legal title to the interests 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 sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Mortgage. Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record, Borrower covenants that Borrower warrants 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 at; 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 payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and at;sessments (including condominium and planned unit development assessmentt;, if any) which may attain priority over this Mortgage and ground rentt; on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessmentt; and bills 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 accountt; of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution), Lender shall apply the Funds to pay said taxes, at;sessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessmentt; and bills, 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 shall not be required to pay Borrower any interest or earnings on the Funds, Lender shall give to Borrower,· without charge, an annual accounting of the Funds showing creditt; and debits to the Funds and the purpose for which each debit to the Funds was made. The Fundt; are pledged as additional security for the sums secured by this Mortgage. Form 3851 . -76N(WY) (0308) CHL (05/06) ~ Page 2 016 000350 O~·~~~'.::,O~'~~:., DOC ID .: 00015335481311006 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, ac;sessments, 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 installments of Funds, If the amount of the Funds held by Lender shall not . be sufficient to pay taxes, ac;sessments, 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 payments as Lender may require, Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Fundc; 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 covenants to make paymentc; 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 tenns 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 Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impainnent or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. 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 reasonable 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 terminates 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 (05/06) ~ Page 3 016 'U}'U:'¡' r:& ~f, :' ~ : . I...J~....¡}~'\..,(~..I '_..' ()()():]~jL DOC ID #: 00015335481311006 9. Condemnanon. 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 be paid to Lender, subject to the teans 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 original 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, shall 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 shall bind, and the right~ hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. AIl covenants and agreement~ 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 teans 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 teans 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 shall be given by certified mail to Lender's address stated herein or to such other address a~ Lender may designate by notice to Borrower a~ provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal 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 shall be furnished a confoaned copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill 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 foan acceptable to Lender, an a~signment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvement.~ made to the Property . 16. Transfer of the Property or a Beneficial Interest in Borrower. If all 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 natural 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 shall 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 pennitted 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 provided in 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 nonce to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; Form 3851 . -76N(WY) (0308) CHL (05/06) ~ Page 4 016 O~J~;~:_~,tH'~;~) oon~5~ DOC ID #: 00015335481311006 (2) the action required to cure such breach; (3) a date, not less than 1cJdãySTrom the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that faUure 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 default or any other defense of Borrower to acceleration and sale. H 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. H 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 þad occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby ac;signs 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 pac;t 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 reac;onable 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 all 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 hac; 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. Form 3851 . -76N(WY) (0308) CHL (05/06) !!> PS1 8 5 of 6 0, "l} ~J'I". ~ ' f,;".1 ~ ' ... ..;}I'.. .,.j, d<...J'þ 000353 DOC ID t: 00015335481311006 IN WITNESS WHEREOF. Borrower has executed this Mortgage, Larry A. Shaw, Trustee under the Shaw Living Trust dated January 30, 1999 h ¿:'" fl: - LiRRY 1f: SHAW TRUSTEE , Janet L. Shaw, Trustee under the Shaw Living Trust dated January 30, 1999 ~.;I~ 0.1 ET L. SHAW, TRUSTEE -Borrower -Borrower -Borrower -Borrower [Sign Original Only] '., ~ by STATE OF WYOMING, ll~. My Commission Expires: {I ~ KIM SOIRlEseR . NOTARY ~CII ~_.. .... w..- My Commission 7-" . -76N(WY) (0308) CHL (05/06) ~ Page 6 016, Form 3851 · .~ <l._~ .:.. 1" ~ I" 1-..: r \) ~::s¡r.,.. .~..~, ',,-I ~ ,;,1 . ." STATE OF \JJ\. Om\Ù~ COUNTY OF J_\f\w\n Üh<i;\Olo \} · Q -. ,," ^ ,- -eJ'... Me, 1"\\\'(\ ~\., \'"tJO 000354 On before Personally Lü..r ~ ~ () J, Appeard flf. ~ ~ L.Ù (¡'I\d '1-t:..f. L ~ ú..t.V , Personally known to me (or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. < ~~ Signature ofNot&ry Public \4 m ~c\f)ý ( e,\?tíV KIM SCHRIEBER - NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING My Commission Expires July 28, 2009 (This area for notarial seal) APN Number: 34181740026100 O::J~~~·.:JJt:~;~; Order ~,P2~iI~5 EXHIBIT nAil The foll,owing described tract of land in Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by Virtue of the homestead exemption laws of the State, to-wit: Lot 2 of Shooting Star Subdivision, Lincoln County, Wyoming according to that plat filed July 18, 1995 in the Office of the Lincoln County Clerk as Plat No, 364 and Instrument No. 805315, WITH THE APPURTENANCES THERETO, .I v:t .~ '), l' .' ~ ¡.t, '..1 ''LJ '::J' ~4 . .~;. -\..; I~- ."-/ J! 000356 [Space Above This Line For Recording Data] INTER VIVOS REVOCABLE TRUST 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: SHANNA HOLMES COUNTRYWIDE HOME LOANS, INC. 10701 S. RIVER FRONT PKWY #400 SOUTH JORDAN, UT * 84095 Phone: (801) 446-2600 2944670 [Escrow/Closing #] DEFINITIONS USED IN THIS RIDER. 00015335481311006 [Doc 10 #] (A) "Revocable Trust." The THE SHAW LIVING TRUST Trust created under trust instrument dated JANUARY 3 0, 1999 LARRY A. SHAW JANET L. SHAW , for the benefit of (B) "Revocable Trust Trustee(s)," LARRY A. SHAW JANET L. SHAW trustee(s) of the Revocable Trust. MULTISTATE INTER VIVOS REVOCABLE TRUST RIDER Page 1 of 4 ~-372R (0402) CHL (02l04)(d) VMP Mortgage Solutions (800)521-7291 Initials:~ IIIIII1 11111111111111111111I I1II . 1 533 5 4 8 1 3 0 0 0 0 023 7 2 R . ·23991· " ,·····fl'·C·!",·f; .\'" ~ ." ~ r:B J~~,.,,'..~.. ,,;.'. '\..;:! '"' rr..,.., (C) "Revocable Trust Settlor (s)." LARRY A. SHAW JANET L. SHAW 000357 DOC ID #: 00015335481311006 settlor (s) of the Revocable Trust signing below. (D) "Lender." COUNTRYWIDE HOME LOANS, INC. (E) "Security Instrument." The Deed of Trust, Mortgage or Security Deed and any riders thereto of the same date as this Rider given to secure the Note to Lender of the same date made by the Revocable Trust, the Revocable Trust Trustee(s) and the Revocable Trust Settlor(s) and any other natural persons signing such Note and covering the Property (as defined below), (F) "Property." The property described in the Security Instrument and located at: 61 SHOOTING STAR DR BEDFORD, WY 83112-0459 [Property Address] Tms INTER VIVOS REVOCABLE TRUST RIDER is made this FIFTEENTH NOVEMBER, 2006 ,and is incorporated into and shan be deemed to amend and Security Instrument. day of supplement the ADDITIONAL COVENANTS. In addition to the covenantc¡ and agreementc¡ made in the Security Instrument, the Revocable Trust Trustee(s), and the Revocable Trust Settlor(s) and the Lender further covenant and agree as follows: A. INTER VIVOS REVOCABLE TRUST. 1. CERTIFICATION AND WARRANTIES OF REVOCABLE TRUST TRUSTEE(S). The Revocable Trust Trustee(s) certify to Lender that the Revocable Trust is an inter vivos revocable trust for which the Revocable Trust Trustee(s) are holding full title to the Property as trustee(s). The Revocable Trust Trustee(s) warrants to Lender that (i) the Revocable Trust is validly created under the laws of the State of Wyoming ; (ii) the trust instrument creating the Revocable Trust is in full force and effect and there are no amendments or other modifications to the trust instrument affecting the revocability of the Revocable Trust; (iii) the Property is located in the State of WYOMING ; (iv) the Revocable Trust Trustee(s) have full power and authority as trustee(s) under the trust instrument creating the Revocable Trust and under applicable law to execute the Security Instrument, including this Rider; (v) the Revocable Trust Trustee(s) have executed the Security Instrument, including this Rider, on behalf of the Revocable Trust; (vi) the Revocable Trust Settlor(s) have executed the Security Instrument, including this Rider, acknowledging all of the tenns and conditions contained therein and agreeing to be bound thereby; (vii) only the Revocable Trust Settlor(s) and the Revocable Trust Trustee(s) may hold any power of direction over the Revocable Trust; (viii) only the Revocable Trust Settlor(s) hold the power to direct the Trustee(s) in the management of the Property; (ix) only the Revocable Trust Settlor(s) hold the power of revocation over the Revocable Trust; and (x) the Revocable Trust Trustee(s) have not been notified of the existence or assertion of any lien, encumbrance or claim against any beneficial interest in, or transfer of all or any portion of any beneficial interest in or powers of direction over the Revocable Trust Trustee(s) or the Revocable Trust, as the case may be, or power of revocation over the Revocable Trust. 2. NOTICE OF CHANGES TO REVOCABLE TRUST AND TRANSFER OF POWERS OVER REVOCABLE TRUST TRUSTEE(S) OR REVOCABLE TRUST OR BOTH; NOTICE O¡.' CHANGE OF REVOCABLE TRUST TRUSTEE(S); NOTICE OF CHANGE OF OCCUPANCY OF THE PROPERTY; NOTICE OF TRANSFER OF BENEFICIAL INTEREST IN REVOCABLE TRUST. ~-372R (0402) CHL (02104) Page 2 of 4 Initials: ~' (. 'J"ð¡L i. no0358 O:~~i.~ '.:" ,.J,~! DOC ID #: 00015335 411f"3I 1 0 0 6 The Revocable Trust Trustee(s) shall provide timely notice to Lender promptly upon notice or knowledge of any revocation or termination of the Revocable Trust, or of any change in the holders of the powers of direction over the Revocable Trust Trustee(s) or the Revocable Trust, as the cac;e may be, or of any change in the holders of the power of revocation over the Revocable Trust, or both, or of any change in the trustee(s) of the Revocable Trust (whether such change is temporary or permanent), or of any change in the occupancy of the Property, or of any sale, transfer, assignment or other disposition (whether by operation of law or otherwise) of any beneficial interest in the Revocable Trust. B. ADDITIONAL BORROWER(S). The term "Borrower" when used in the Security Instrument shall refer to the Revocable Trust, the Revocable Trust Trustee(s) and the Revocable Trust Seulor(s), jointly and severally. Each party signing this Rider below (whether by accepting and agreeing to the terms and covenants contained herein or by acknowledging all of the terms and covenants contained herein and agreeing to be bound thereby, or both) covenantc; and agrees that, whether or not such party is named ac; "Borrower" on the first page of the Security Instrument, each covenant and agreement and undertaking of "Borrower" in the Security Instrument shall be such party's covenant and agreement and undertaking ac; "Borrower" and shall be enforceable by Lender ac; if such party were named as "Borrower" in the Security Instrument. C. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN THE REVOCABLE TRUST. Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Revocable Trust. If, without Lender's prior written consent, (i) all or any part of the Property or an interest in the Property is sold or transferred or (ii) there is a sale, transfer, ac;signment or other disposition of any beneficial interest in the Revocable Trust, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give the Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. ~-372R (0402) CHL (02104) Page 3 of 4 InitiaIS:~ (]).<t)'';>I''.:'~ Î\"I'·¡::¡ II 000359 ., ..",.. , ·\..1~..~ . . 1Il'1o.04 . '.¿"I : DOC ID #: 00015335481311006 I BY SIGNING BELOW, the Revocable ITrust Trustee(s) accept'> and agrees to the tenns and covenant') I conlIDned in lI1i8 Inter Viv,evoc; T:;¢:: _ LA~ SHAW, I INDIVIDUALLY Trustee of the I I THE SHAW LIVING TRUST Trust under trust instrument dated JANUARY 30, 1999 for the benefit of LARRY A. SHAW ! INDIVIDUALLY ~Y4~' JA-/Îf L . SHAW : Trustee of the I THE SHAW LIVING 1RUST - Borrower I I I Trust under trust instrument dated I for the benefit of I JANET L. SHAW JANUARY 30, 1999 - Borrower ~-372R (0402) CHL (02104) Page 4 of 4 d -) 'U~ ",i' f·,: ll' " ,.';~, :. ',\...:-':J...-:J~~ ".i:' ~ ..... ...,1 INTER VIVOS REVOCABLE TRUST AS BORROWER. ACKNOWLEDGMENT 000360 After Recording Return To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O. Box 10423 Van Nuys, CA 91410-0423 Prepared By: SHANNA HOLMES COUNTRYWIDE HOME LOANS, INC. 10701 S. RIVER FRONT PKWY #400 SOUTH JORDAN UT 84095 2944670 [Escrow/Closing #] 100015335481311006 [Doc ID #] BY SIGNING BELOW. the undersigned. Settlor(s) of the THE SHAW LIVING TRUST under trust instrument dated JANUARY 30, 1999 LARRY A. SHAW JANET L. SHAW . for the benefit of I MUL TISTATE INTER VIVOS REVOCABLE TRUST AS BORROWER/ACKNOWLEDGMENT ~.373R (0603) CHL (03/06)(d) Page 1 of 2 Initials: L~ )()p/' 5tO~ VMP Mortgage Solutions. Inc, 11111111 * 2 3 991 * 1111111111111111111111111 * 1 5 3 3 5 4 8 1 3 0 0 0 0 023 7 3 R · O~~J~~~~,tH~~;,~:~ DOC ID #: 00015335R?Rî~~ acknowledges aU of the terms and covenants contained in this Security Instrument and any rider(s) thereto and agrees to be bound thereby. LAAAi~;'I~Y AND OF THE SHAW LIVING TRUST DATED TRUSTEE -Trust Settlor JANUARY 30, 1999 JA T L. SHAW, INDIVIDUALLY AND TRUSTEE OF ~HE SHAW LIVING TRUST DATED JANUARY 30 I , ! i i -Trust Settlor 1999 Borrower's last 4 of 88#: 5487 ~73R (0603) CHL (03/06) I page 2 of 2