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HomeMy WebLinkAbout927750 r--101. Recording Requested by & When Recorded Return To: US Recordings, Inc. PO Box 19989 louisville, KY 40259 RECEIVED 3/21/2007 at 2:21 PM RECEIVING # 927750 BOOK: 652 PAGE: 1 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Prepared By: KATHLEEN J. VAN NORDEN 3753 ~ 1t73 [Space Above This Line For Recording Data] <i906-17113t~, [Escrow/Closing II 00015375230112006 [Doc ID II {~-\'Y (~, ,J. \\ i~~·~:~. ~, T~J f-i\~~!,', l MIN 1001337-0001844486-2 MORTGAGE (Line of Credit) THIS MORTGAGE, dated DECEMBER 20, 2006 , is between RAYMOND E DOMECQAND LISA A DOMECQ RAYMOND E. OOMECQ, TRUSTEE, OR HER SUCCESSORS IN TRUST, UNDER THE LISA A. OOMECQ LIVING TRUST DATED MARCH 30, 2006 AND RAYMOND E. OOMECQ, TRUSTEE OR HIS SUCCESSORS IN TRUST, UNDER THE RAYMOND E. DOMECQ LIVING TRUST . . DATED MARCH 30, 2006 resldmg at 67 WALNUT DR, THAYNE, WY 83127 the person or persons signing a.c; "Mortgagor(s)" below and hereinafter referred to as "we," "our," or "us" and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.. ("MERS") a Delaware corpomtion, with an address of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. MERS is the "Mortgagee" under this Mortgage and is acting solely as nominee for Countrywide Bank, N.A. ("Lender" or "you") and its successors and a.c;signs. MORTGAGED PREMISES: In consideration of the loan hereinafter described, we hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and ac;signs of MERS, the premises located at: 67 WALNUT DR Street THAYNE Municipality LINCOLN County WY State 83127 ZIP (the "Premises"). \ . MERS HELOC - WY Mortgage 2E037-WY (10106)(dIi) Page 1 of 5 *23991* I 1111111111111111111111 * 153 752 3 0 1 000 0 0 2 E 0 3 7 * 09Z7750 000002 DOC ID #: 00015375230112006 and further described as: LOT 26 OF STAR VALLEY RANCH PLAT 10, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. The Premises includes all buildings and other improvements now or in the future on the Premises and all rights and interesLc; which derive from our ownership, use or possession of the Premises and all appurtenances thereto. WE UNDERSTAND and agree that MERS is a separate corporation acting solely as nominee for Lender and Lender's successors and a.e;signs, and holds only legal title to the interests gmnted by us in this Mortgage, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and ae;signs) 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, relea<;ing or canceling this Mortgage. LOAN: This Mortgage will secure your loan to us in the principal amount of $ 50, 000 . 00 or so much thereof as may be advanced and readvanced from time to time to RAYMOND E. DOMECQ LISA A. DOMECQ , and the Borrower(s) under the Home Equity Credit Line Agreement and Disclosure Statement (the "Note") dated DECEMBER 20, 2006 , plus interest and coste;, late charges and all othercharges related to the loan, all of which sums are repayable according to the Note. This Mortgage will also secure the performance of all of the promises and agreements made by us and each Borrower and Co-Signer in the Note, all of our promises and agreements in this Mortgage, any extensions, renewals, amendments, supplementc; and other modifications of the Note, and any amounts advanced by you under the terms of the section of this Mortgage entitled "Our Authority To You." Loans under the Note may be made, repaid and remade from time to time in accordance with the terms of the Note and subject to the Credit Limit set forth in the Note. OWNERSHIP: We are the sole owner(s) of the Premises. We have the legal right to mortgage the Premises to you. OUR IMPORTANT OBUGATIONS: (a) TAXES: We will pay all real estate taxes, assessments, water charges and sewer rents relating to the Premises when they become due. We will not claim any credit on, or make deduction from, the loan under the Note because we pay these taxes and charges. We will provide you with proof of payment upon request. (b) MAINTENANCE: We will maintain the building(s) on the Premises in good condition. We will not make major changes in the building(s) except for normal repairs. We will not tear down any of the building(s) on the Premises without first getting your consent. We will not use the Premises illegally. If this Mortgage is on a unit in a condominium or a planned unit development, we shall perform all of our obligations under the declaration or covenanLc; creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development and constituent documents. (c) INSURANCE: We will keep the building(s) on the Premises insured at all times against loss by fire, flood and any other hazards you may specify. We may choose the insurance company, but our choice is subject to your reasonable approval. The policies must be for at least the amounts and the time periods that you specify. We will deliver to you upon your request the policies or other proof of the insurance. The policies must name you ae; "mortgagee" and "loss-payee" so that you will receive payment on all insurance claims, to the extent of your interest under this Mortgage, before we do. The insurance policies must also provide that you be given not less than 10 days prior written notice of any cancellation or reduction in coverage, for any reac;on. Upon request, we shall deliver the policies, certificates or other evidence of insurance to you. In the event of loss or damage to the Premises, we will immediately notify you in writing and file a proof of loss with the insurer. You may file a proof of loss on our behalf if we fail or refuse to do so. You may also sign our name to any check, draft or other order for the payment of insurance proceeds in the event of loss or damage to the Premises. If you receive payment of a claim, you will have the right to choose to use the money either to repair the Premises or to reduce the amount owing on the Note. . MERS HELOC - WY Mortgage 2E037-WY (10/06) Page 2 of 5 000003 0927750 DOC ID #: 00015375230112006 (d) CONDEMNATION: We assign to you the proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Premises, or part thereof, or for conveyance in lieu of condemnation, all of which shall be paid to you, subject to the terms of any Prior Mortgage. (e) SECURITY ThITERES'F: We will join with you in signing and filing documentc; and, at our expense, in doing whatever you believe is necessary to perfect and continue the perfection of your lien and security interest in the Premises. It is agreed that the Lender shall be subrogated to the claims and liens of all parties whose claims or liens are discharged or paid with the proceeds of the Agreement secured hereby. (f) OUR AUTHORITY TO YOU: If we fail to perform our obligations under this Mortgage, you may, if you choose, perform our obligations and pay such costs and expenses. You will add the amounts you advance to the sums owing on the Note, on which you will charge interest at the interest rate set forth in the Note. If, for example, we fail to honor our promises to maintain insurance in effect, or to pay filing fees, taxes or the costs necessary to keep the Premises in good condition and repair or to perform any of our other agreementc; with you, you may, if you choose, advance any sums to satisfy any of our agreements with you and charge us interest on such advances at the interest rate set forth in the Note. This Mortgage secures all such advances. Your payments on our behalf will not cure our failure to perform our promises in this Mortgage. Any replacement insurance that you obtain to cover loss or damages to the Premises may be limited to the amount owing on the Note plus the amount of any Prior Mortgages. (g) PRIOR MORTGAGE: If the provisions of this paragraph are completed, this Mortgage is subject and subordinate to a prior mortgage dated 05/01/2003 and given by us to COUNTRYWIDE HOME LOANS as mortgagee, in the original amount of $ 280, 000 . 00 (the "Prior Mortgage"). We shall not increac;e, amend or modify the Prior Mortgage without your prior written consent and shall upon receipt of any written notice from the holder of the Prior Mortgage promptly deliver a copy of such notice to you. We shall pay and perform all of our obligations under the Prior Mortgage as and when required under the Prior Mortgage. (h) HAZARDOUS SUBSTANCES: We shall not cause or permit the presence, use, disposal, stomge, or releac;e of any Hazardous Substances on or in the Premises. We shall not do, nor allow anyone else to do, anything affecting the Premises that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Premises of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Premises. As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gac;oline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing ae;bestos or formaldehyde, and radioactive materials. As used in this paragmph, "Environmental Law" means federal laws and laws of the jurisdiction where the Premises are located that relate to health, safety or environmental protection. (i) SALE OF PREMISES: We will not sell, transfer ownership of, mortgage or otherwise dispose of our interest in the Premises, in whole or in part, or permit any other lien or claim against the Premises without your prior written consent. (j) INSPECTION: We will permit you to inspect the Premises at any reasonable time. NO LOSS OF RIGHTS: The Note and this Mortgage may be negotiated or ac;signed by you without releac;ing us or the Premises. You may add or release any person or property obligated under the Note and this Mortgage without losing your rightc; in the Premises. DEFAULT: Except as may be prohibited by applicable law, and subject to any advance notice and cure period if required by applicable law, if any event or condition of default as described in the Note occurs, you may foreclose upon this Mortgage. This means that you may atmnge for the Premises to be sold by advertisement and sale or by judicial foreclosure, at your option, a.c; provided by law, in order to payoff what we owe on the Note and under this Mortgage. If the money you receive from the sale is not enough to payoff what we owe you, we will still owe you the difference which you may seek to collect from us in accordance with applicable law. In addition, you may, in accordance with applicable law, (i) enter on and take possession of the Premises; (ii) collect the rental payments, including over-due rental paymente;, directly from tenants after simply notifying them first class mail to make rental paymentc; to you; (iii) manage the Premises; and (iv) sign, cancel and change leases. We agree that the interest rate set forth in the Note will continue before and after a default, entry of a judgment and foreclosure. In addition, you shall be entitled to collect all reac¡onable fees and costs actually incurred by you in proceeding to foreclosure, including, but not limited to, reasonable attorneys fees and costs of documentary evidence, abstracts ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER: As additional security, we assign to you the rents of the Premises. You or a receiver appointed by the courts shall be entitled to enter upon, take possession of and manage the Premises and collect the rents of the Premises including those past due after simply notifying them by first clac¡s mail to make rental payments to you. . MERS HELOC - WY Mortgage 2E037-WY (10/06) Page 3 of 5 O~Z77S0 DOC ID #: 00015375230112~~()()()~ W.AlVERS: To the extent permitted by applicable Jaw, we waive and release any error or defects in proceedings to enforce this Mortgage and hereby waive the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale and homestead exemption. BINDING EFFECT: Ea~h of us shall be fully responsible for all of the promises and agreements in this Mortgage. Until the Note has been paid in full and your obligation to make further advances under the Note has been terminated, the provisions of this Mortgage will be binding on us, our legal representatives, our heirs and all future owners of the Premises. This Mortgage is for your benefit and for the benefit of anyone to whom you may assign it. Upon payment in full of all amounts owing to you under the Note and this Mortgage, and provided any obligation to make further advances under the Note has terminated, this Mortgage and your rights in the Premises shall end. NOTICE: Except for any notice required under applicable law to be given in another manner, (a) any notice to us provided for in this Mortgage shall be given by delivering it or by mailing such notice by regular first class mail addressed to us at the last address appearing in your records or at such other address as we may designate by notice to you a~ provided herein, and (b) any notice to you shall be given by certified mail, return receipt requested, to your address at ForMERS: P.O. Box 2026, Flint, MI 48501-2026 For Lender: 1199 North Fairfax St. Ste.500, Alexandria, VA 22314 or to such other address a~ you may designate by notice to us. Any notice provided for in this Mortgage shall be deemed to have been given to us or you when given in the manner designated herein. RELEASE: Upon payment of all sums secured by this Mortgage and provided your obligation to make further advances under the Note has terminated, you shall discharge this Mortgage without charge to us, except that we shall pay any fees for recording of a satisfaction of this Mortgage. GENERAL: You can waive or delay enforcing any of your rights under this Mortgage without losing them. Any waiver by you of any provisions of this Mortgage will not be a waiver of that or any other provision on ány other occasion. TIllS MORTGAGE has been signed by each of us under seal on the date first above written. - ~~" .. ~OMECQi ~ C:/(~!~£~ ortgagor: / E. DOMECQ, EE HE RAYMOND E -Mortgagor: DOMECQ LIVING TRUST, DATED MARCH 30, 2006 ~a()~~ A. DOMECQ, TRUSTEE OF THE LIS A. OOMECQ Mortg~oc: ttVING TRUST, DATED MARCH ßO, 2006 . MERS HELOC - WY Mortgage 2E037-WY (10/06) Page 4 of 5 0927750 STATE OF WYOMING, LINCOLN DOC ID #: 000153752301~~C)()()~ County ss: The foregoing instrument was acknowledged before me this 20th day of December, 2006 (date) by RAYMOND E DOMECO. ~NDIVIDUALLY AND AS TRUSTEE AND LISA A DOMECQ, INDIVIDUALLY AND AS TRUSTEE. My Commission Expires: ~ l'd-5Io(¿, (person acknowledging) ~.~~~_Jh Notary Public .. NANCY J. BROWN - NOTARY PUBLIC COUNTY OF a.·· ~ STATE OF LINCOLN . WYOMING MY COMMISSION EXPIRES & (ë)6ID(¿, . MERs HELOC - WY Mortgage 2E037-WY (10/06) Page 5 of 5 0927750 000006 J DOC ID #: 00015375230112006 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this TWENTIETH day of DECEMBER, 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 Bank, N.A. (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 67 WALNUT DR, THAYNE, WY 83127 [Property Address] The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in THE COVENANTS, CONDITIONS, AND RESTRICTIONS FILED OF RECORD THAT AFFECT THE PROPERTY MULTISTATE PUD RIDER - Single Family/Second Mortgage Page 1 of 3 Grt -207R (0411) CHL (12/05)(d) VMP Mortgage Solutions, Inc. 3/99 IIIII~ I * 2 3 991 * 1111111111111111 1111111 * 153 752 3 0 1 0 0 0 0 0 1 2 0 7 R * 09277-50 000007 DOC ID #: 00015375230112006 (the "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. Hazard 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 Uniform Covenant 2 for the monthly payment to Lender of the yearly premium installments for hazard insurance on the Property; and (ii) Borrower's obligation under Uniform Covenant 5 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required hazard insurance coverage provided by the master or blanket policy. In the event of a distribution of hazard 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 in 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 connection 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 Uniform Covenant 9. . -207R (0411) CHL (12/05) ~ Page 2 of 3 3/99 0927750 000008 DOC ID #: 00015375230112006 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 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 agrees to the terms and covenants contained in this PUD Rider. ;¢~~-'~IVlDUALLY . c;;Iu4ii ~ A. DOMECQ, INDIVIDUALLY i (Seal) - Borrower (Seal) - Borrower DOMECQ (Seal) - Borrower L A A. DOMECQ, TRUSTEE OF THE It Ai!A. DOMECQ LIVING TRUST, DATED MARCH 30, 2006 (Seal) - Borrower S-207R (0411) CHL (12/05) @ Page 3 of 3 3/99 0327~750 000009 INTER VIVOS REVOCABLE TRUST AS BORROWER - ACKNOWLEDGMENT Arœr-R'ee6fÐing..R.e.turo"To: c.oJJN.'Ji.~~E.:....~.w~.~_ INC. Ms-.-&v-V~ß'ð'etJMB'~~R6e~S SING P~~'~1.Qr4-2 3 V a:.Fl,,,,,,Nl'iI¥'s\,~.@rA"$9si"4,oltG),,,,,,('}4!g.3¡~ Prepared By: LANETTA HERNANDEZ T006-171131 [Escrow/Closing #] 00015375230112006 [Doc 10 #] BY SIGNING BELOW, the undersigned, SettIor(s) of the RAYMOND E. DOMECQ LIVING TRUST, DATED MARCH 30, 2006 and the LISA A. DOMECQ LIVING TRUST, DATED MARCH 30, 2006 under trust instrument dated MARCH 30, 2006 RAYMOND E. DOMECQ LISA A. DOMECQ , for the benefit of MUL TIST ATE INTER VIVOS REVOCABLE TRUST AS BORROWER/ACKNOWLEDGMENT V f) Ýì .-373R (0603) CHL (03/06)(d) Page 1 of 2 Initials: R iffJ ~ 5/04 VMP Mortgage Solutions, Inc. 11111111 * 2 3 991 * * 1 5 3 752 3 0 1 0 0 0 0 023 7 3 R * 0927750 00001.0 DOC ID #: 00015375230112006 acknowledges all of the terms and covenants contained in this Security Instrument and any rider(s) thereto and agrees to be bound thereby. -Trust Settlor -Trust Settlor DOMECQ -Trust Settlor I A. OOMECQ, !TRUSTEE OF THE L UST, DATED MARCH 30, 2006 A. OOMECQ LIVING -Trust Settlor Borrower's last 4 of 88#: ~73R (0603) CHL (03/06) Page 2 of 2 0927750 000011 [Space Above This Line For Recording Data] INTER VIVOS REVOCABLE TRUST RIDER A~cordiftg-Ret-um To: COY~R¥w.¡~....LQAti~ INC. Mð ðJJ... ~~""Ðee{tMJ!!'N~''''''?ROCESSING ~~~·3 Va1'I'~~';-en-"}4..~4..2 3 Prepared By: LANETTA HERNANDEZ T006-171131 [Escrow/Closing #] DEFINITIONS USED IN TIDS RIDER. (A) "Revocable Trust." The RA¥MOND E. OOMECQ LIVING TRUST, DATED MARCH 30, 2006" 00015375230112006 [Doc ID #] and the "LISA A. OOMECQ LIVING TRUST, DATED MARCH 30, 2006" Trust created under trust instrument dated MARCH 30, 2006 ' for the benefit of RAYMOND E. DOMECQ LISA A. DOMECQ (B) "Revocable Trust Trustee(s).1I RAYMOND E. DOMECQ LISA A. DOMECQ trustee(s) of the Revocable Trust. In~iaIS~' Jiì ~~ MULTISTATE INTER VIVOS REVOCABLE TRUST RIDER Page 1 of 4 ~-372R (0402) CHL (02/04)(d) VMP Mortgage Solutions (800)521-7291 * 1 5 3 752 3 0 1 0 000 023 7 2 R * 03Z7750 0000:12 DOC ID #: 00015375230112006 (C) "Revocable Trust Settlor (s)." RAYMOND E. DOMECQ LISA A. DOMECQ settlor (s) of the Revocable Trust signing below. (D) "Lender," Countrywide Bank, N.A. (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 Trost, 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: 67 WALNUT DR THAYNE, WY 83127 [property Address] TIDS INTER VIVOS REVOCABLE TRUST RIDER is made this TWENTIETH day of DECEMBER, 2006 ,and is incorporated into and shall be deemed to amend and supplement the Security Instrument. ADDITIONAL COVENANTS. In addition to the covenante; and agreemente; 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 ac; 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 ; (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 Trost; (vi) the Revocable Trost SettIor(s) have executed the Security Instrument, including this Rider, acknowledging all of the terms 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 Trost Settlor(s) hold the power of revocation over the Revocable Trust; and (x) the Revocable Trust Trostee(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 Trost Trustee(s) or the Revocable Trust, as the case may be, or power of revocation over the Revocable Trost. 2. NOTICE OF CHANGES TO REVOCABLE TRUST AND TRANSFER OF POWERS OVER REVOCABLE TRUST TRUSTEE(S) OR REVOCABLE TRUST OR BOrn; NOTICE OF CHANGE OF REVOCABLE TRUST TRUSTEE(S); NOTICE OF CHANGE OF OCCUPANCY OF THE PROPERTY; NOTICE OF TRANSFER OF BENEFICIAL INTEREST IN REVOCABLE TRU ""-372R (0402) CHL (02104) Page 2 of 4 Initials: 9 00001.3 0927750 DOC ID #: 00015375230112006 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, ac; the case 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 Settlor(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) covenants 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 as 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, a.c;signment or other disposition of any beneficial interest in the Revocable Trust, Lender may, at ite; 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 In~iJ?J 0927750 000014 DOC ID #: 00015375230112006 BY SIGNING BELOW, the Revocable Trust Trustee(s) accepts and agrees to the tenns and covenantc; contained in this . s Revocable T ider. DATED MARCH 30, 2006 Trust under trust instrument dated for the benefit of RAYMOND E. DOMECQ MARCH 30, 2006 - Borrower L A. DOMECQ Trustee of the LISA A. OOMECQ LIVING UST, DATED MARCH 30, 2006 Trust under trust instrument dated MàR(,H ~(). ?()()ñ for the benefit of LISA A. DOMECQ - Borrower ~-372R (0402) CHL (02104) Page 4 of 4 0000.15 09217750 Fonn No. 3301 (6100) Short Fonn Commitment, EAGLE ASP ORDER NO: 4482019 FILE NO: 4482019 LENDER REF: T006-171131 Exhil:ht "A" The land referred to in this policy is situated in the STATE OF WYOMING, COUNTY OF LINCOLN, CITY OF THAYNE, and described as follows: LOT 26 OF STAR V ALLEY RANCH PLAT 10, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. APN: 12-3518-31-2-04-013.00 II1I1I11111111111111111111111111111111111111111111111111II1I11I111111111111111111111111 U3?S3BB?3-02HP1S LINE/CREDIT MTG. LOAN# T006-171131 US Recordings PAGE 5