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HomeMy WebLinkAbout936756 tí/J&;; ·ff After Recording Return To: Countrywide Bank, FSB MS SV -79 Document Processing P.O. Box 10423 Van Nuys, CA 91410-0423 RECEIVED 2/5/2008 at 3:57 PM RECEIVING # 936756 BOOK: 686 PAGE: 15 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY " ~I Prepared By: Melinda ScheurelJ MS CHDLR-D-281 2505 W Chandler Blvd Chandler, AZ 85224-4921 (800) 960-4219 00001.5 ¡) State of Wyoming [Space Above This Line For Recording Data) SIMPLEEQUITySM MORTGAGE "1 THIS MORTGAGE ("Security Instrument") is given on January 3l, 2008. The mortgagor is Ronald L. Reeves, Trustee, or his successors in trust, under the Ronald L. Reeves Living Trust, dated May 25, 1999 ("Borrower"). This Security Instrument is given to Countrywide Bank, FSB, which is organized and existing under the laws of the United States, and whose address is l199 North Fairfax Street, Ste 500, Alexandria, VA 223l4-1483 ("Lender"). . WYOMING SIMPLEEQUITySM MORTGAGE IR071-WY (02/07) COUNTRYWIDE BANK, FSB Page 1 of 14 · 2 3 991 . . 1 8 7 946 9 7 7 0 0 000 1 R 0 7 1 . 00001.6 Borrower owes (or will owe) Lender amounts which Lender has advanced (or is obligated to advance), including future advances ("Loan Advances"), under the terms of a SimpleEquity Mortgage Loan Agreement dated the same date of this Security Instrument (the "Loan Agreement"). This debt is evidenced by Borrower's SimpleEquity Mortgage Adjustable Rate Note dated the same date as this Security Instrument ("Note"), with the full debt, ifnot paid earlier, due and payable on April 23, 2084.This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note, which debt will include future advances which will be advanced from time to time from and after the date ofthis Security Instrument, not to exceed in the aggregate at anyone time outstanding the principal amount of four hundred thirty-two thousand and OO/lOO Dollars (U.S. $432,000.00); (b) the payment of all other sums, with interest, advanced under Paragraph 6 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under the Security Instrument, the Note and the Loan Agreement. For this purpose, Borrower does hereby mortgage, grant and convey to Lender, with power of sale, the following described property located in LINCOLN County, Wyoming: See Attached which has the address of 616 County Rd l04, Alpine [Street, City], Wyoming 83128 [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " 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 warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of, and interest on, the debt evidenced by the Note. . WYOMING SIMPLEEQUITySM MORTGAGE I R07l-WY (02/07) COUNTRYWIDE BANK, FSB Page 2 ofl4 00001.7 2. Payment of Taxes and Insurance. Borrower shall pay the following charges and assessments in a timely manner until the Note is paid in full: (a) property taxes, including any assessments which may attain priority over this Security Instrument as a lien on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) hazard or property insurance premiums; and (d) flood insurance premiums, if any. As provided in the Loan Agreement, Borrower may elect to have Lender pay these charges and assessments out of Loan Advances. If Borrower does not elect to have such sums paid by Lender out of Loan Advances or if Borrower has elected to pay such sums out of Loan Advances but Loan Advances can no longer be made, Borrower shaH pay these charges and assessments directly and out of Borrower's own funds. Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. 3. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, ifany. Borrower shall pay these obligations on time directly and out of Borrower's own funds unless Borrower has elected to have such sums paid by Lender out of Loan Advances pursuant to the Loan Agreement subject to the continued availability of Loan Advances. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. 4. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods, flooding or earthquakes, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with Paragraph 6. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event ofloss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof ofloss ifnot made promptly by Borrower. . WYOMING SIMPLEEQUlTySM MORTGAGE lR071-WY (02/07) COUNTRYWIDE BANK, FSB Page 3 of 14 00001.8 Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. If under Paragraph 22 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 5. Occupancy, Preservation, Maintenance and Protection ofthe Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence after the execution of this Security Instrument and Borrower (or at least one Borrower, if initially more than one person are Borrowers) and shall continue to occupy the Property as Borrower's principal residence for the term of the Security Instrument. "Principal residence" shall have the same meaning as in the Loan Agreement. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in Paragraph 16, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. . WYOMING SIMPLEEQUITySM MORTGAGE IR071-WY (02/07) COUNTRYWIDE BANK, FSB Page 4 of!4 00001.9 6. Protection of Lender's Rights in the Property. If Borrower fails to perfonn the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is reasonable or appropriate to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this Paragraph 6 Lender does not have to do so. Any amounts disbursed by Lender under this Paragraph 6 shall become additional debt of Borrower secured by this 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. 7. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifYing reasonable cause for the inspection. If the Property is vacant or abandoned or the loan is in default, Lender may take reasonable action to protect and preserve such vacant or abandoned Property without notice to the Borrower. 8. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part ofthe Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total or partial taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. 9. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. . WYOMING SIMPLEEQUITYsM MORTGAGE IR071-WY (02107) COUNTRYWIDE BANK, FSB Page 5 of 14 000020 10. Successors and Assigns Bound; Joint and Several Liability; Co-borrowers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 15. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms ofthis Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modifY, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 11. Fees. Lender may collect fees and charges as provided in the Note, the Loan Agreement and this Security Instrument. Lender may charge borrower fees for services performed in connection with Borrower's default for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument or the Note or Loan Agreement, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or applicable law. 12. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this Paragraph. 13. Governing Law; Severability. This Security Instrument shall be governed by federal law and, to the extent such law is not preempted by federal law, the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument, the Loan Agreement or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument, the Loan Agreement or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 14. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. . WYOMING SIMPLEEQUlTySM MORTGAGE lR071-WY (02/07) COUNTRYWIDE BANK, FSB Page 6 of 14 15. Repayment of Debt OOOOZ:1 (A) Due and Payable Lender may require immediate payment in full of all sums secured by this Security Instrument if: (i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower; or (ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains (a) title to the Property in fee simple, (b) a leasehold under a lease for less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date ofthe 100th birthday of the youngest Borrower (or retaining a beneficial interest in a trust with such an interest in the Property), or (c) a life estate in the Property; or (iii) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower; or (iv) For a period of longer than 12 consecutive months, a Borrower fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or (v) An obligation of the Borrower under this Security Instrument is not performed. (B) Notice to Lender Borrower shall notify Lender whenever any of the events listed in this subparagraph (a) of Paragraph 15 occur. (q Notice to Borrower Lender shall notify the Borrower whenever the loan becomes due and payable under Paragraph 15. Lender shall not have the right to commence foreclosure until Borrower has had thirty (30) days after notice to either: (i) Correct the matter which resulted in the Security Instrument coming due and payable; or (ii) Pay the balance in full; or (iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the net proceeds of the sale toward the balance; or . WYOMING SIMPLEEQUlTYsM MORTGAGE 1R071-WY (02107) COUNTRYWIDE BANK, FSB Page 7 of 14 (iv) Provide the Lender with a deed in lieu offoreclosure. 000022 (D) Trusts Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Lender, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this Paragraph 15. A trust shall not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph 15. 16. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to reinstate the Loan and to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale ofthe Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) cures any default of any covenant or agreement in this Security Instrument; (b) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (c) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument and Lender's rights in the Property shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as ifno acceleration had occurred. However, this right to reinstate shall only apply in the case of acceleration under Paragraph IS(C). 17. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that disburses payments due to Borrower under the Note and this Security Instrument and otherwise services Borrower's loan. There also may be one or more changes ofthe Loan Servicer unrelated to a sale ofthe Note. If there is a change ofthe Loan Servicer, Borrower will be given written notice ofthe change in accordance with Paragraph 12 above and applicable law. The notice wiJI state the name and address of the new Loan Servicer and the address to which inquiries should be made. The notice will also contain any other information required by applicable law. 18. Hazardous Substances. Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to nonnal residential uses and to maintenance of the Property. . WYOMING SIMPLEEQUlTySM MORTGAGE 1 R071-WY (02/07) COUNTRYWIDE BANK, FSB Page 8 of 14 000023 Barrawer shall pramptly give Lender written natice af any investigatian, claim, demand, lawsuit ar ather actian by any gavernmental ar regulatary agency ar private party invalving the Property and any Hazardaus Substance ar Enviranmental Law afwhich Barrawer has actual knawledge. IfBarrawer learns, ar is natified by any gavernmental ar regulatary autharity, that any remaval ar ather remediatian af any Hazardaus Substance affecting the Praperty is necessary, Barrawer shall pramptly take all necessary remedial actians in accardance with Enviranmental Law. As used in this Paragraph 18, "Hazardaus Substances" are thase substances defined as taxic ar hazardaus substances by Enviranmental Law and the fallawing substances: gasaline, kerasene, ather flammable ar taxic petraleum praducts, taxic pesticides and herbicides, valatile salvents, materials cantaining asbestas ar farmaldehyde, and radiaactive materials. As used in this Paragraph 18, "Enviranmental Law" means federal laws and laws af the jurisdictian where the Praperty is lacated that relate to. health, safety ar environmental pratectian. 19. Non-Recourse Liability. Lender may enfarce the abligatians under the Nate, this Security Instrument and the Laan Agreement salely against the Property. Barrawer shall have no. persanalliability far payment afthe amaunts due under the Nate, this Security Instrument and the Laan Agreement. This Paragraph shall nat impair in any way the lien afthis Security Instrument ar the right afLender to. callect all sums due under the Nate, the Loan Agreement and this Security Instrument ar prejudice the right of Lender as to any covenants ar conditians afthe Nate, the Loan Agreement and this Security Instrument. 20. Obligatory Loan Advances. Lender's respansibility to. make Laan Advances under the terms of the Laan Agreement, including Laan Advances af principal to. Barrawer as well as Laan Advances far interest, servicing fees, and ather charges, shall be o.bligatary. 21. Adjustable Rate Feature. Under the Nate, the initial stated interest rate which accrues an the unpaid principal balance ("Initial Interest Rate") is subject to. change, as described belaw. When the interest rate changes, the new adjusted interest rate will be applied to. the total autstanding principal balance. Each adjustment to the interest rate will be based upan the six manth LIB OR rate ("Index"), plus a margin. The Index is made available in the Money Rates sectian of The Wall Street Jaurnal. Lender will perfarm the calculatians described belaw to. determine the new adjusted interest rate. The interest rate may change an the first day afthe month that begins at least 6 manths after the date of the Nate and an the first day of each succeeding 6 manths ("Change Date") until the loan is repaid in full. . WYOMING SIMPLEEQUlTySM MORTGAGE 1R071-WY (02107) COUNTRYWIDE BANK, FSB Page 9 of 14 000024 The value ofthe Index will be determined, using the most recent Index figure available thirty (30) days before the Change Date ("Current Index"). Before each Change Date, the new interest rate will be calculated by adding a margin to the Current Index and rounding that amount to the nearest one-eighth of one percent (0.125%).The sum of the margin plus the Current Index wilI be called the "Calculated Interest Rate" for each Change Date. The Calculated Interest Rate wilI be compared to the interest rate in effect immediately prior to the current Change Date (the "Existing Interest Rate"). o The Calculated Interest Rate cannot be more than ten (10%) percentage points higher than the Initial Interest Rate and will never be less than the margin. iii The Calculated Interest Rate will never increase by more than six (6%) percentage points higher than the Initial Interest Rate and will never be less than the Margin. The Calculated Interest Rate will be adjusted if necessary to comply with the rate limitation(s) described above and wilI be in effect until the next Change Date. At any change date, if the Calculated Interest Rate equals the Existing Interest Rate, the interest rate will not change. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Pursuant to Paragraph 15(C) and (D), Lender shall give notice to Borrower prior to acceleration following Borrower's breach, of any covenant or agreement in this Security Instrument (but not prior to acceleration under Paragraph 15(A) and (B) unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default under Paragraph 15(q is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in fuD of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Paragraph 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. . WYOMING SIMPLEEQUITySM MORTGAGE IR071-WY (02/07) COUNTRYWIDE BANK, FSB Page 10 of 14 000025 For any event of acceleration under Paragraph 15, Lender may invoke the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with applicable law. Lender shall give notice ofthe sale to Borrower in the manner provided in Paragraph 12. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by applicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses ofthe sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 24. Waivers. Borrower hereby releases and waives all rights in the Property under and by virtue of the homestead exemption laws. . WYOMING SIMPLEEQUlTySM MORTGAGE IR071-WY (02/07) COUNTRYWIDE BANK, FSB Pagellofl4 000026 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements ofthis Security Instrument as ifthe rider(s) were a part of this Security Instrument. [Check applicable box(es).] o Condominium Rider o Other(s) Inter Vivos Living Trust o Planned Unit Development Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. 7-;;;¡~/:;Z ~ Ronald L. Reeves -Borrower ?~~/"C- 7/<2<../Sr-X< Ronald L. Reeves, Trustee -Borrower . WYOMING SIMPLEEQUlTYsM MORTGAGE IR071-WY (02/07) COUNTRYWIDE BANK, FSB Page 12ofl4 ALL-PURPOSE ACKNOWLEDGMENT State of California } 000027 County of A~top\ SS. On 315~ -J ~j,\A'ü.¡-6vDí , before me, L-\~~ ~~ ~ ,Notary Public, DATE personally appeared R Of\,) ~Lú L... r( ~ I ':¡:N ~\" I,:)"~ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)~/are subscribed to the within instrument and acknowledged to me that ~/she/they executed the same in ~/her/their authorized capacity(~, and that by hi&her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI1NESS my hand and official sea~ \ NOTARY'SSIGNATURE ~ PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) e INDIVIDUAL o CORPORATE OFFICER o PARTNER(S) o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: TITLE(S) SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OTHER 3\~" -J ~u.~.. a.oÐt' DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER ~ '" ~ -= li ,rJ E .s ..... o Q., r.8 APAOl12008 NOTARY BONDS, SUPPLIES AND FORMS AT HITP://WWW.VALLEY.SIERRA.COM © 2005.2008 VALLEY-SIERRA INSURANCE (' ALL-PURPOSE ACKNOWLEDGMENT State of California } County of ~oÞo"Pr SS. 000028 On"3I&~-()Þn-J~rl..£'Cl)i, before me, ~LU1-~~ ~b.-f ~ ,Notary Public, DATE personally appeared ~ ol\JP.cbo L. (¿~ . T n...uSï €:€::- , who proved to me on the f basis of satisfactory evidence to be the person(s) whose name(s~/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi.s/her/their authorized capacity(iiB.), and that by.!:!œher/their signature( s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NOTARY'S SIGNATURE WITNESS my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The infonnation below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ~ INDIVIDUAL .tb CORPORATE OFFICER D PARTNER(S) D ATIORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: TITLE(S) DESCRIPTION OF ATTACHED DOCUMENT ~ I m-~EQ u{'~ 8Wl,'m.Ot--~A4~ TITLE OR TYPE DOCUMENT I '> - (J'f~ lor Ittn:r&imi fl9-6. G-:5 NUMBE OF PAGES I 31St.. J -~. 2ß>8' DATE OF DOCUMEN OTHER SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER ~ " ..<:: ... 0: .¡:: c.. ..c 8 ::s <5 ..... o c.. ~ APAOl/2008 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY·SIERRA.COM <02005-2008 VALLEY·SIERRAINSURANCE N if\" b N ù «P<1~ 1U . CA-'-l pi.:;> f2.-,..J c ~ STATE OFWIOMI~\7, (.0, (( l '" ) 000029 County 55: The foregoing instrument was acknowledged before me this J-o..:t- f: 1/3 II '2.-0 0 ~ by O-o,^::: l-. ~~ VoL:> t ('/Æ C:(ivt& 0aß.t'"( ~& ~_ L-. _LV't:.~ Tv-~ c)f".L<- , ?/ My Commission Expires: Notary Public No~: p ~ ~V'-OW [~ c...oV""~ . WYOMING SIMPLEEQUlTySIlt MORTGAGE IR071-WY (02/07) COUNTRYWIDE BANK, FSB Page 13 of 14 000030 INTER VIVOS REVOCABLE TRUST RIDER After Recording Return To : Countrywide Bank, FSB MS SV -79 Document Processing P.O. Box 10423 Van Nuys, CA 91410-0423 Prepared By : Melinda ScheurelI [Case #] DEFINITIONS USED IN THIS RIDER. [Doc ID #] 00018794697701008 (A) "Revocable Trust." The Ronald L. Reeves Living Trust Created under trust instrument May 25, 1999, for the benefit of Ronald L. Reeves. (B) "Revocable Trust Trustee(s)." Ronald L. Reeves, Trustee trustee(s) ofthe Revocable Trust. (C) "Revocable Trust Settlor(s)." Ronald L. Reeves settlor(s) of the Revocable Trust signing below (D) "Lender." Countrywide Bank, FSB (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: 616 County Rd 104, Alpine, WY 83128 · MULTI STATE INTER VIVOS REVOCABLE TRUST RIDER lR230-MU (02/07) COUNTRYWIDE BANK, FSB Page 1 of4 · 2 3 991 . · 1 8 794 6 9 7 7 0 0 0 0 0 1 R 2 3 0 . 000031. [Case #] [Doc ID #] 00018794697701008 TillS INTER VIVOS REVOCABLE TRUST RIDER is made this 31 day of January 2008, and is incorporated into and shall be deemed to amend and supplement the Security Instrument. ADDITIONAL COVENANTS. In addition to the covenants and agreements 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 OF CHANGE OF REVOCABLE TRUST TRUSTEE(S); NOTICE OF CHANGE OF OCCUPANCY OF THE PROPERTY; NOTICE OF TRANSFER OF BENEFICIAL INTEREST IN REVOCABLE TRUST. . MULTI STATE INTER VIVOS REVOCABLE TRUST RIDER lR230-MU (02/07) COUNTRYWIDE BANK, FSB Page 2 of 4 000032 [Cáse #] . [Doc ID #] 00018794697701008 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 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 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 agree that, whether or not such party is named as "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 as "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 9(e) ofthe Security Instrument is amended to read as follows: Transfer oftbe 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, assignment 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 9 within which Borrower must pay all sums secured by this Security Instrument. · MULTI ST ATE INTER VIVOS REVOCABLE TRUST RIDER IR230-MU (02/07) COUNTRYWIDE BANK, FSB Page 3 of4 000033 [Case #] [Doc ID #] 00018794697701008 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. BY SIGNING BELOW, the Revocable Trust Trustee(s) accepts and agrees to the terms and covenants contained in this Inter Vivos Revocable Trust Rider. ~p~ ~VS~< Ronald L. Reeves, Trustee Trustee of the Ronald L. Reeves Living Trust under trust instrument dated May 25, 1999 for the benefit of Ronald L. Reeves. · MULTI STATE INTER VIVOS REVOCABLE TRUST RIDER lR230-MU (02/07) COUNTRYWIDE BANK, FSB Page 4 of 4 ALL-PURPOSE ACKNOWLEDGMENT State of California } SS. County of A~ On3'~\.-J~~ \. ~ , before me, µl.Lt'l-&~ ~ k~ DATE personally appeared R:bll,f ~ L . 4-t:v~ , who proved to me on the C00034 , Notary Public, basis of satisfactory evidence to be the person( s) whose name( s LWare subscribed to the within instrument and acknowledged to me that~she/they executed the same in hi§./her/their authorized capacity~, and that by bis.lher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY'S SIGNATURE PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) 1Q INDIVIDUAL D CORPORATE OFFICER D PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: TITLE(S) DESCRIPTION OF ATTACHED DOCUMENT ~~ :rNTE:t1. 'it Vas ~~"Da.AßLc;, -r~T~ TITLE OR TYPE OF DOCUMENT 3 - ¡A-4t-Ý T/h1..û. P~6:..S NUMBER OF PAGES gIrl- - J ftrJ~ r ðro1f DATE OF DOCUME1I/T OTHER SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER ~ ,.d .... <= ï:: 0- J:> E " oS ..... o 0- ¡8 APAOl/2008 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM © 2005-2008 VALLEY-SIERRA INSURANCE 000035 Recording Requested By: Melinda ScheureIl Countrywide Bank, FSB MS CHDLR-D-281 2505 W Chandler Blvd Chandler, AZ 85224-4921 After Recording Return To: Countrywide Bank, FSB MS SV -79 Document Processing P.O. Box 10423 Van Nuys, CA 91410-0423 Prepared By: Melinda ScheureIl [Space Above This Line For Recording Data] INTER VIVOS REVOCABLE TRUST AS BORROWER - ACKNOWLEDGEMENT Case #: Doc ID #: 00018794697701008 . MULTlSTATE INTER VIVOS REVOCABLE TRUST AS BORROWER/ACKNOWLEDGEMENT 1R232-MU (02/07) COUNTRYWIDE BANK, FSB Page I of2 . 2 399 1 . . 1 8 794 000036 Case #: Doc ID #: 000 l879469770 1 008 BY SIGNING BELOW, the undersigned, Settlor(s) of the Ronald L. Reeves Living Trust Trust under trust instrument dated May 25, 1999, for the benefit of Ronald L. Reeves acknowledges all of the terms and covenants contained in this Security Instrument and any rider(s) thereto and agrees to be bound thereby. ~/"r2~ Ronald L. Reeves (Seal) -Trust Settlor (Seal) -Trust Settlor (Seal) -Trust Settlor (Seal) -Trust Settlor . MULTISTATE INTER VIVOS REVOCABLE TRUST AS BORROWER/ACKNOWLEDGEMENT 1R232-MU (02107) COUNTRYWIDE BANK, FSB Page 2 0£2 000037 EXHIBIT A Exhibit A to the Mortgage given on January 3l, 2008, by Ronald L. Reeves, Trustee, or his successors in trust, under the Ronald L. Reeves Living Trust, dated May 25, 1999 ("Borrower") to COUNTRYWIDE BANK, FSB ("Lender"). The Property is located in the county of LINCOLN, State of Wyoming, described as follows: Description of Property See Attached . WYOMING SIMPLEEQUIWM MORTGAGE 1R071-WY (02/07) COUNTRYWIDE BANK, FSB Page 14 of 14 ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~bcrA- On ðl,SJ- UPmlIA4t~ .)..cTJi DATE personally appeared R'O^"FH-D } SS , before me, ~#-7ðO ~ k/t>trl , Notary Public, L. flbe1lli:r:S. ïJ'U.A.ð 7l::..t- , who proved to me on the 000038 basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowJ.edged to me that he/she/they executed the same in ~her/their authorizëd capacity(ies), and that by I¡isLher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NOTARY'S SIGNATURE WITNESS my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The infonnation below is optional. However, it may prove valuable and could prevent fraudulent attachment of this fonn to an unauthorized document. \. 2PACITY CLAIMED BY SIGNER (PRINCIPAL) ~ INDIVIDUAL D CORPORATE OFFICER D PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: TITLE(S) DESCRIPTION OF ATTACHED~UMENT &'Z.. ... :r1ll7bt. V/~S ~clOUHð~ ~7 ~ TITLE OR TYPE OF DOCUMENT ">- p~ /-r~,- NlTMBE OF P,.(GES 31 bJ. - J /'r?1) ~ DATE OF D~NT OTHER SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER " ::¡ .c: .'§ Þ § -5 .... o ~ APA 0 1/2008 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM (;) 2005-2008 VALLEY-SIERRA INSURANCE lr 000039 STATE OF WYOMING, County ss: The foregoing instrument was acknowledged before me this by My Commission Expires: Notary Public . WYOMING SIMPLEEQUITySM MORTGAGE 1 R071-WY (02/07) COUNTRYWIDE BANK, FSB Page 13 of 14 That part of the N ~ SE 14 of Section 9, Township 36, Range 119 West, Lincoln County, State of Wyoming, it being the intent to more correctly describe the second tract described in that . Warranty Deed of record in the Office of the Clerk of Lincoln County in Book 100 ofPhotostatO00040 Records on Page 314, which includes that tract of record in Book 437 of Photostatic Records on Page 847, as follows: Beginning at the Northeast point of said tract in Book lOO on the Westerly right-of-way line of that easement of record in said Office in Book 387 of Photostatic Records on Page 412, South 66°23'30" West 1086.51 feet from the Northeast corner of said N ~ SE 14, said point being' on a curve concave to the East, the radial bearing to said point being North 81 °35'30" West; Thence coursing the boundary of said tract in Book lOO as follows: Southerly 124.27 feet, along said right-of-way line along an arc of said curve through a central angle of33°54'24", having a radius of21O.00 feet and a chord bearing South 08°32'42" East 122.47 feet, to the end point of said curve; South 25°30'04" East 97.15 feet, along said right-of-way line to the Southeast point of said tract in Book 100 and leave said right-of-way line; South 89°58'53" West 262.71 feet, to the Southwest point of said tract in Book 100; North 00°00' 15" West 199.91 feet, to the Northwest point of said tract in Book 100, identical with the Southern most Southwest point of that tract of record in said Office in Book 411 of Photostatic Records on page 661. North 87°27' 54" East 202.90 feet, along the South line of said tract in Book 411, to the Point of Beginning. LESS AND EXCEPTING the tract of land recorded as Entry #862432 in Book 437 on Page 847, in the Office of the Clerk of Lincoln County, State of Wyoming.