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Home My WebLink About930362 - - o 0'" L¡....... After Recording Return To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O. Box 10423 Van Nuys, CA 91410-0423 Prepared By: LESLI A. STEVENSON RECEIVED 6/14/2007 at 1 :53 PM RECEIVING # 930 62 I BOOK: 662 PAG : 44 I JEANNE WAG ER I LINCOLN COUNTY CLERK, EMM~RER. WY ! [Space Above This Line For Recording Data] 6010715421 [Escrow/Closing H] 00016947309205007 [Doc ID HJ MORTGAGE MIN 001337- 001994247-6 THlSMORTGAGEismadethis 4th day of JUNE, 2007 ,~etw en the Mortgagor, CRAIG KENDALL, AND WENDY KENDALL, HUSBAND AND WIFE (herein "BolTower"), and the Mortgagee, M011gage Electronic Registration Systems Inc. ('1ME S"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns). MERS is organize and existin under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI48501-2026, tel. 888) 679-M RS. Countrywide Bank, FSB. A FED SVGS BANK , ("Lender") is organized and existing under the laws of THE UNITED STATES , and has an address f 1199 North Fairfax St. Ste.500, Alexandria, VA 22314 WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 55, 8 , which indebtedness is evidenced by Borrower's note dated JUNE 04, 2007 and extensions and r~new s thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of in debt dness, if no sooner paid, due and payable on JULY 01, 2037 TO SECURE to Lender the repayment of the indebtedness evidenced by the Not , with inter st thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the secu ty of this ortgage; and the performance of the covenant') and agreement') of Borrower herein contained, Borrower does here y mortgage grant and convey to MERS . -76N(WY) (0308) @ CHL (05/06)(d) Page 1 of6 VMP Mortgage Solutions, Inc. Form 3851 Amended 2/01 WYOMING - SECOND MORTGAGE - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT WITH '23991· · 1 694 7 3 092 000 001 0 7 6 N · ~ - - - Page 2 016 CHL (05/06) . -76N(WY) (0308) ® Form 3851 TOGETHER with all the improvements now or hereafter erected on the property, and all ea, ment<;, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered y this Mort age; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) e hereinafte referred to as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests gra ted by Borr wer in this Mortgage; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender', successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to forecl se and selJhe Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Mort age. Borrower covenant<; that Borrower is lawfuJly seised of the estate hereby conveye and has t~ right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbra ces of rec rd. BOITower covenants that Borrower warrant<; and will defend generally the title to the Property against all claims and deman s, 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 princiÞal 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 waive by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, u til the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including con ominium d planned unit development assessments, if any) which may attain priority over this Mortgage and ground rent<; 0 the Proper y, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium i stallment<; or mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessm nts and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to t e extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an inst tutionallen er. If Borrower pays Funds to Lender, the Funds shall be held in an institution the d posits or ac ounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institu ion). Lende shalJ apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not char e for so hol ing and applying the Funds, analyzing said account or verifying and compiling said assessments and biJls, unless nder pays orrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may gree in wrifng at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agr ement is m de or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or e jngs on t e Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and deb ts Lo the Fu ds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the, urns secure by this Mortgage. , Wyoming 1132 SADDLE DRIVE, ETNA [Street, City] [Zip Code] (herein "Property Address"); 83118 which has the address of DESCRIBED ON THE ECORDS OF THE DOC 10 (solely as nominee for Lender and Lender's successors and assigns) and to the succesJors and assi sale, the following described property located in the County of LINCOLN Wyoming: LOT 104 OF NORDIC RANCHES DIVISION NO.7, LINCOLN COUNTY, WìOMING A OFFICIAL PLAT FILED ON MAY 8, 1996 AS INSTRUMENT NO. 819461 OF THE LINCOLN COUNTY CLERK. 00016947309205007 ns of MERS, with power of , State of 000045 0930362 - - - 000046 0930362 00016947309205007 If the amount of the Funds held by Lender, together with the future monthly ins unds payable prior to the due dates of taxes, aIJsessments, insurance premiums and ground rents, shall exceed he amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borr wer's option, either promptly repaid to Borrower or credited to Borrower on monthly installmentlJ of Funds. If the am unt of the ds held by Lender shall not be sufficient to pay taxes, assessmentIJ, insurance premiums and ground rents as they f 1 due, Bor ower sqall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may re uire. Upon payment in full of all sums secured by this Mortgage, Lender shall promp ly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise quircd by ender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, ny Funds eld by Lender at the time of application as a credil against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides othelwise, all payme ts received y Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payab e to Lender by Bon'ower 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 perfo an of Bo ower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority ver this M rtgage, including Borrower's covenantlJ to make paymentIJ when due. Borrower shall payor cause to be paid an taxe. , assessmen s and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, nd leaIJehol payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or ereafter er cted on the Property insured against loss by fire, hazards included within the tenn "extended coverage," and such 0 her hazards s 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 subj ct to appro al by Lender; provided, that such approval shall not be unreaIJonably withheld. All insurance policies and renewal' thereof sh 1 be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a fonn acceptabl to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of st or other. ecurity 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. Le der may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if BOITower fails to respond to Len er within 3 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for i surance be efits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repai of the Prop rty or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned U 't Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impaÎlmen or deterior tion of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mo tgage is on unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations unde the declar tion or covenants creating or governing the condominium or planned unit development, the by-laws and regulati ns of the c ndominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants a d agreemen s contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interes in the Prop rty, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, inc uding reaIJo able attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage in. urance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance i effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's ritten agree ent 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 agr to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting pa ment there f. Nothing contained in this paragraph 7 shan 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 f the Property, provided that Lender shan give Borrower notice prior to any such inspection specifying reasonable c use therefor related to Lender's interest in the Property. Form 3851 . -76N(WY) (0308) @ CHL (05/06) Page 3 016 ~ - - - Page 4 of 6 CHL (05/06) . -76N(WY) (0308) ® Form 3851 000047 0930362 l00C ID !: 00016947309205007 9. Condemnation. The proceeds of any award or claim for damages, direct. r conseque tial, in connection with any condemnation. or other taking of the Property, or part thereof, or for conveyance in lieu f condemn tion, are hereby a,>signed and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other ecurity agr ement with a lien which has priority over this Mortgage. 10. Borrower Not Rcleased; Forbearance By Lcnder Not a Waiver. Extension f the time ~ r payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor n interest 0 Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. ender shall not be required to commence proceedings against such successor or refuse to extend time for payment or therwise m dify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower a d Borrowe 's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afford d by applic ble 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-signcr . The cov ants and agreements herein contained shall bind, and the right,> hereunder shall inure to, the respective success rs and assi ns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of orrower sh 11 be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing his Mortga e only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this MOJ1g' 'e, (b) is no personally liable on the Notc or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree 0 extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the ote without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's intere. t in the Pro erty. 12. Notice. Except for any notice required under applicable law to be given in a other mann r, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice y certified ail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice t 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 ther address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mo tgage shall e deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; SeverabiJity. The state and local laws applicable to this M~tgage Shal*e the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicabifty of feder law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applica e law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicti g provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," " xpenses" a "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrowcr's Copy. Borrower shall be furnished a confOlmed copy of the filote and of ¡this Mortgage at the time of execution or after recordation hereof. 15. RehabiJitation Loan Agreement. Borrower shall fulfill all of Borrower's Of ligations U~der any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lende . Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a fonn acceptable to Lender, an a<;signm nt of any ri hts, claims or defenses which Borrower may have against parties who supply labor, materials or services in con ection wit improvements made to the Property. 16. Transfer of the Propcrty or a Bcneficial Intcrest in Borrower. If all or any paJ1 of the roperty or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and on·ower is ot a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all s ms secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federa law as of t e date of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleratio . The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Bor ower must ay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Len er may inv ke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agreta<; follows: 17. Acceleration; Remedics. Exccpt as provided in paragraph 16 hcreof, upo Borrower s breach of any covenant or agrcement of Borrower in this Mortgage, including the covenants to pay when d e any sum securcd by this Mortgagc, Lender prio, to a.",I"anon shall give non.. to Bo".w" as pmvided in p..agrn h 12 h...ì sperifying: (1) th. h,cn.h; 1 I - - - 02303b2 000048 DOC ID 00016947309205007 (2) the action required to cure such breach; (3) a date, not less than 10 days from e date the otic;) is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on r before th date specified in the notice may result in acceleration of the sums secured by this Mortgage. The notice shall urther info Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonex stence of a efault or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date speci ed in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be imme 'ately due nd payable without further demand and may invoke the power of sale and any other remedies pennitted by a plicable la . Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provi ed in this aragraph 17, including, but not Jirnited to, reasonable attorneys' fees. If' Lender invokes the power of sale, Lender shall give notice of intent to for close to Bo rower and to the person in possession of the Property, if different., in accordance with applicable law. Lender shall mail copy of a notice of the sale to Borrower in the manner provided in paragraph 12 hereof. Lender shall publish he notice 0 sale and the Property shall be sold in the manner prescribed by applicable law. Lender or Lender's designee ay purch se the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all rea on able cos and expenses of the sale, including, but not Jirnited to, reasonable attorneys' fees and costs of tine evi ence; (b) t all sums secured by this Mortgage; and (c) the excess, if' any, to the person or persons legally entitled theret . 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of t e sums sec red by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Le der to enfor e this Mortgage discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property ursuant to t e power of sale contained in this Mortgage or (ii) entry of a judgment enforcing this Mortgage if: (a) Borrower pays ender all s ms which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cure' all breach s of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable xpenses in urred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enf rcing Lend r's remedies as provided in paragraph 17 hereof, including, but not limited la, reasonable anomeys' fees; and (d) on'ower tak s such action as Lender may reasonably require la assure that the lien of this Mortgage, Lender's interest in the Pro erty and Bo ower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and ure by Bo ower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleraLÌon had ccurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. A' addilional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior 0 accelerati n under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they b come due d payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, an at any tim prior to the expiraLÌon of any period of redemption following judicial sale, Lender, in person, by agent or by judicia ly appointe receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the P operty incl ding those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of ma agement of he Property and collecLÌon of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and easonable a tomeys' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only f r those ren actually received. 20. Release. Upon payment of all sums secured by this M011gage, Lender shall release thi. 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 exemp ·on in the P operty. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIO MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other e cumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set f0l1h on page one f this Mort 'age, of any default under the superior encumbrance and of any sale or other foreclosure action. Form 3851 . -76N(WY) (0308) @ CHL (05/06) Page 5 016 --~ - - - Form 3851 Page 6 016 CHL (05/06) . -76N(WY) (0308) ® ....'",,,"\\\, ~,,,. ~ \... BIA}'·.,,, :- +>~ '""""\\\~ 'Iii. ;:: ~ ir~\O~ E-r~', v. ff ~ O",f..R Y ~~~ \ ~ ,~ ~ IJ'I~ " ~ io ,.... ~ ~ ~ ~O ,. ::~.,. ., 'í. ~ ~O"" \¿', ,oU'ð" (;:) 1¡';;'¡ ~I 9-29'...."'!~ "f 1'¡ '''\\\''''''''~~ f '" ~ OF \f'I ~ ,~ "\\\\\\",,...., My Commission Expires: 9 Þ 7' / / Ò ;- by The foregoing instrumenl was acknowledged before me lhis WaBh'} "'-;]" fu~ STATE OF WYOMING, {Sign Original Only} -Borrower -Borrower -Borrower IN WITNESS WHEREOF, Borrower ha<¡ executed this lV1,:.o~ge. /¡/ / II -Borrower 00016947309205007 DOC ID .0930J6Z 000049 - - o~a03bZ 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: LESLI A. STEVENSON 6010715421 [Escrow/Closing #] - 000050 o 016947 09205007 [Doc D #] THIS SECOND HOME RIDER is made this FOUR H day of JUNE, 2007 , and is incorporated into and shall be deeme to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") 0 the same ate given by the undersigned (the "Borrower" whether there are one or more persons undersigned to secure orrower's Note to Countrywide Bank, FSB. (the "Lender") of the same date and covering the Property described in the Secm; y Instrumen (the "Property"), which is located at: 1132 SADDLE DRIVE ETNA, WY 83118 [Property Address] MULTISTATE SECOND HOME RIDER - Single Family - Fannie Mae/Fre INSTRUMENT Page 1 of 2 . -365R (0405) CHL (06/04)(d) @ VMP Mortgage Solutions, Inc. (800)521-7291 die Mac U IFnlj)1~/111 . Initi Is~~ arm 3890 1/01 2 3 9 9 1 · 1 694 7 3 092 0 0 0 0 0 2 3 6 5 R . ~ - - - Form 3890 1/01 Page 2 of 2 . -365R (0405) CHL (06/04) @ (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower BY SIGNING BELOW, Borrower accepts and agrees to the tenns and provi~ions contaÌJ!led in this Second Home Rider. DOC 10 #: li000169~7309205007 In addition to the covenants and agreements made in the Security Instrumen , Borrower nd Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are del ted and ar replaced by the following: 6. Occupancy. Borrower shall occupy, and shall only use, the Property as J:on.ower's S~cond home. Borrower shall keep the Property available for Borrower's exclusive use an enjoymen at all times, and shall not subject the Property to any timesharing or other shared owners ip arrangem nt or to any rental pool or agreement that requires Bon-ower either to rent the Property or give a man gement firm or any other person any control over the occupancy or use of the Property. 8. Borrower's Loan Application. Bon'ower shall be in default if, durt, g the LO~ application process, Borrower or any persons or entities acting at the direction of Bo wer or wit Borrower's knowledge or consent gave materially false, misleading, or inaccurate info 'mation or . tatements to Lender (or failed to provide Lender with material information) in connectio with the L an. Material representations include, but are not limited to, representations concerning on-ower's ccupancy of the Property as Borrower's second home. 000051. 09303b2