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HomeMy WebLinkAbout938047 Recording Requested by & When Recorded Return To: US Recordings, Inc. 2925 Country Drive St. Paul, MN 55117 RECEIVED 4/4/2008 at 12:37 PM RECEIVING # 938047 BOOK: 691 PAGE: 304 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Pn;pared By: SHEA D. BUNNELL ~/.J 9' " [Space Above This Line For Recording Datal ./.:J di' ....4J íAc/ e; ~p/ 7 -" ,,",- ,- ~ D' P' oS 00018941437103008 [Doc ID #] 760'3 Q 160 MORTGAGE MUN1001337-000300047S-1 \L/ ~ DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated MARCH 14, 2008 all Riders to this document. (B) "Borrower" is MARIA SIMENTAL, AND RICHARD L KUNKLE , together with Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is COUNTRYWIDE BANK, FSB Lender is a FED SVGS BANK organized and existing under the laws of THE UNITED STATES Lender's address is 1199 North Fairfax St. Ste.SOO, Alexandria, VA 22314 (E) "Note" means the promissory note signed by Borrower and dated MARCH 14, 2008 , The Note states that Bon'ower owes Lender TWO HUNDRED SEVENTY THOUSAND and 00/100 Dollars (U.S. $ 270,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than APRIL 01, 2038 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS M Mortgage-WY 2006A-WY (06/07)(d/i) Page 1 of 10 Form 3051 1/01 *23991* * 1 894 1 4 3 7 1 0 0 0 0 0 2 0 0 6 A * 000305 DOC ID #: 00018941437103008 (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Bon-ower [check box as applicable]: IK] Adjustable Rate Rider D Condominium Rider D Second Home Rider D Balloon Rider D Planned Unit Development Rider D 1-4 Family Rider D V A Rider D Biweekly Payment Rider D Other(s) [specify] (1) "Applicable Law" means all conu·olling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) a,> well as all applicable final, non-appealable jlillicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Bon-ower or the Property by a condominium a,>sociation, homeowners a,>sociation or similar organization. (K) "Electronic Funds Tr ansfer" means any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, which is initiated through an electronic tenninal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such tenn includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers, (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions a,> to, the 'value and/or condition of the Property, (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note. plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESP A" means the Real Estate Settlement Procedures Act (12 D,S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F,R. Part 3500), a,> they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under R!\SPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has a,>sumed Bon'ower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfOlmance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Bon'ower does hereby mortgage, grant and convey to MERS (solely a:; nominee for Lender and Lender's successors and assigns) and to the successors and a,>signs ofMERS, with powe:r of sale, the following described property located in the COUNTY of [Type of Recording Jurisdiction] SEE EXHIBIT "A" ATTACHED HERETO LINCOLN [Name of Recording Jurisdiction] AND MADE A PART HEREOF. Parcel ID Number: 3518-311-003900 which currently has the address of 580 ALPINE WAY, THAYNE [Street/City] Wyoming 83127 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all ea,>ements, appurtenances, and fixtures now or hereafter a part of the property. All rep]acements and additions shall also be covered by this Security InsUllment. All of the foregoing is referred to in this Security Instrument as the M Mortgage-WY 2006A-WY (06/07) Page 2 of 10 Form 3051 1/01 000306 DOC 1D #: 00018941437103008 "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (a<¡ nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not. limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and ha<¡ 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 aU claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unifonn covenants for national use and non-unifonn covenants with limited variations by jurisdiction to constitute a unifonn security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree a<¡ follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. 1l0wever, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the foUowing fonns, as selected by Lender:(a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied fund<¡. Lender may hold such unapplied funds until BOlTOwer makes payment to bring the Loan current. If Borrower does not do so within a rea<;onable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or perfonning the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payment<¡ accepted and applied by Lender shall be applied in the foUowing order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balancc of the Note, If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payment<¡ if, and to the extent that, each payment can be paid in full. To the extent that any excess exist<¡ after the payment is applied to the full payment of one or more Periodic Payment<¡, such excess may be applied to any late charges due. Voluntary prepayment<; shall be applied first to any prepayment charges and then as desclibed in the Note, Any application of payments, insurance proceed<;, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and a<;sessment<¡ and other items which can attain priority over this Security Instrument a<¡ a lien or encumbrance on the Property; (b) lea<¡ehold payments or ground rent<¡ on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the tenn of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shaU be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amount<¡ to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require, BOlTOwer's obligation to make such payment<; and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, a<¡ the phra<¡e "covenant and agreement" is M Mortgage-WY 2006A-WY (06/07) Page 3 of 10 Form 3051 1/01 00030~i DOC ID #: 00018941437103008 used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Bon'ower shaII then be obligated under Section 9 to repay to Lender any such amount. Lender may revpke the waiver as to any or aII Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, colIect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESP A, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shaH estimate the amount of Funds due on the basis of current data and reasonable estimates of ex.penditures of future Escrow Items or otherwise in accordance with Applicable Law. Thc Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annual]y analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shaH be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shaH pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payment,>. If there is a deficiency of Funds held in escrow, as defined under RESP A, Lender shaH notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Bon-ower any Funds held by Lender. 4. Char ges; Liens. Borrower shall pay aH taxes, assessment,>, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payment,> or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessment,>, if any. To the extent that these items are Escrow Items, Borrower shal] pay them in the manner provided in Section 3. Borrower shaH promptly discharge any lien which ha,> priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to L(:ndcr, but only so long as Borrower is performing such agreement; (b) contest,> the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are conduded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender detennines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lemler may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. 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, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amount,> (including deductible ]evels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shaH be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonab]y. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes Occur which rea,>onably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lcnder's option and Borrower's expense. Lender is under no obligation to purcha,>e any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage. so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amount,> disbursed by Lender under this Section 5 shaH become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shaH be subject to Lender's right to disapprove such policies, shaH include a standard mortgage clause, and shall name Lender a,> mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender M Mortgage-WY 2006A-WY (06/07) Page 4 of 10 Form 3051 1/01 000308 DOC 1D #: 00018941437103008 requires, Borrower shaH promptly give to Lender all receipt<; of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shaH include a standard mortgage clause and shall name Lender as mortgagee and/or a<; an al.lditionaJ'loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. UnJess Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shaH be applied to restoration or repair of the Property, if the restoration or repair is economicaHy fea<;ible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lcnder's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unle.JS an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shaH not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shaH be the sole obligation of Borrower. If the restoration or repair is not economicaHy 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 the excess, if any, paid to Borrower. Such insurance proceeds shaH be applicd in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settJe any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim, The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby a<;signs to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under aH insurance policies covering the Property, insofar as su~h lights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amount<; unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shaH occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shaH not be unrea<;onably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shaH not destroy, damage or impair the Property, allow the Property to deteriorate or commit wa<;te on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically fea<;ible, Borrower shaH promptly'repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the ta~ing of, the Property, Borrower shaH be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payment<; as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it ha<; rea<;onable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statement<; to Lender (or failed to provide Lender with material infollllation) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenant<; and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is rea<;onable or appropriate to protect Lcnder's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities t1lI'ned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no Jiability for not taking any or all actions authorized under this Section 9. M Mortgage-WY 2006A-WY (06/07) Page 5 of 10 Form 3051 1/01 000309 DOC ID #: 00018941437103008 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. . If this 'Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lea<;e. 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. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender cea<;es to be available from the mortgage insurer that previously provided such insurance and Borrower wa<; required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments a<; a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payment<; toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower wa<; required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for ce11ain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreement<; with other paI1ies that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreement<;. These agreement<; may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include fund<; obtained from Mortgage Insurance premiums). ^s a result of these agreement<;, Lender, any purcha<;er of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amount<; that derive from (or might be characterized as) a portion of Borrower's payment<; for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender, If the Property is damaged, such Miscellaneous Proceed<; shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender ha<; had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payment<; as the work is completed. Unless an agreement is made in wliting or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is nol economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the paItial taking, destruction, or loss in value is equal to or greater than the amoullt of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security M Mortgage-WY 2006A-WY (06/07) Page 6 of 10 Form 3051 1/01 00031.0 DOC ID #: 00018941437103008 Instrument shall be reduced by the amount of the Miscellaneous Proceed') multiplied by the following fraction: (a) tile total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in vah,lc. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediate]y before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to 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 MiscelJaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in I.cnder's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest ili the Property or lights under this Security Instrument. The proceeds of any award or claim for damages that are attIibutable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy, 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrccs that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this 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 can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's right.; and benefits under this Security Instrument. Borrower shall not be relea')ed from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreement') of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. 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, 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 constllJed as a prohibition on the charging of such fee, Lender may not charge fees that are expressly prohibited by this Security Instmment or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) any sums already collected from Borrower which exceeded pennitted limits wiH be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). BOlTower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of alldress. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only M Mortgage-WY 2006A-WY (06/07) Page 7 of 10 Form 3051 1/01 0003,11. DOC ID #: 00018941437103008 report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Bqrrowcr. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be govemed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contöined in this Security Instrument are subject to any requirement,> and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such si knce shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflict,> with ApplicabJe Law, such conflict shalJ not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the ma,>culine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singuJar shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest III the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide 11 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. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meet" certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the tennination of Borrower's right to reinstate; or (c) clltry of 11 judgment enforcing this Security Instmment. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cLlres any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may rea,>onably require to a,>sure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement ~;¡¡nIS and expenses in one or more of the following fonns, a,> selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or ca,>hier's check, provided any such check is drawn upon an institution whose deposit,> are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instmment and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payment'> should be made and any other infonnation RESP A requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purcha,>er of the Note, the m011gage loan servicing obligations to Borrower will remain with the Loan Servicer or be tr:lIlsferred to a successor Loan Servicer and are not a,>sumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (a,> either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by rea,>on of, this Security Instrument, until such Borrower or Lender ha,> notified the other party (with such notice given in comlJliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time pl:riod which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to M Mortgage-WY 2006A-WY (06/07) Page 8 of 10 Form 30511/01 0003j.2 I DOC ID #: 00018941437103008 Section 22 and the notice of acceleration Jiven to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and oppornmity to take corrective attion provisions of this Section 20. 21. Hazardous Substances, As usbd in this Section 21: (a) "Hazardous Substances" are those substances ddïned as toxic or hazardous substallcJs, pollutanL~, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flarhmable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing as~estos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the ~urisdiction where the Properly is located that reJate to health, safely or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor a Jow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property, 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 normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or o:lIer action by any governmental or regulatory agency or private parly involving the Properly and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, relea~e or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Properly. If Borrower learns, or is notified by any governmental or regulatory authorily, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any coven an t or agreement in this Security Instrument (but not prior to acceleration under Section 18 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 the 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 is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full 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 Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lcnder invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. 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 of the 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 relea~e this Security Instl1Jment. Borrower shall pay any recordation COSL~. Lender may charge Borrower a fee for releasing this Security Instl1Jment, but only if the fee is paid to a third parly for services rendered and the charging of the fee is permitted under Applicable Law. M Mortgage-WY 2006A-WY (06/07) Page 9 of 10 Form 3051 1/01 000313 DOC ID #: 00018941437103008 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the tenDS and covenant" contained in this Security [nSlrumenl and in any Rider executed by Borrower and recorded with it. L £/¡J C"'~-"}ZaJ;=')- /:~ MARIA SIMENTAL (Seal) -Borrower ~7~ RICHARD L. KUNKLE (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower STATE OF WYOMING, ~ 21Jðf by My Commission Expires: dßiJYll ÛÆiJ~ Notary Public TERESA K. ANDERSON· NOTARY PUBLIC County of . State .of Lincoln Wyoming My Commission Expires September 22, 2011 M Mortgage-WY 2006A-WY (06/07) Page 10 of 10 Form 3051 1/01 000314 FIXED/ADJUSTABLE RATE RIDER (LffiOR One-Year Index (As Publlshed In The Wall Street Journal}-Rate Caps- Ten- Year Interest-Only Period) 00018941437103008 [Doc ID #] THIS FIXED/ADJUSTABLE RATE RIDER is made this FOURTEENTH day of MARCH, 200 8 , 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 ("Borrower") to secure Borrower's Fixed/Adjustable Rate Note (the "Note") to COUNTRYWIDE BANK, FSB ("Lender") of the same date and covering the property described in the Security Instrument and located at: 580 ALPINE WAY THAYNE, WY 83127 [Property Address] THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenant" and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 5 . 50 0 %. The Note also provides for a cl¡¡mge in the initial fixed rate to an adjustable interest rate, as follows: MULTISTATE FIXED/ADJUSTABLE RATE RlDER-WSJ One-Year LIBOR- Tcn- Year Interest-Only Period-Single Family-Fannie Mae Uniform Instrument 10 Year Interest-Only Period Fixed/Adjustable Rate LlBOR Rider 1 E872-XX (12/07)(d/i) Page 1 of 5 Form 3153 2/06 1 . · 1 894 1 4 3 7 1 0 0 0 0 0 1 E 8 72· JL OO~1.5 DOC ID #: 00018941437103008 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of APRIL, 2013 , and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the average of interbank offered rates for one-year U.S. doUar-denominated deposits in the London market ("LIB OR"), as published in The Wall Street Journal. The most recent Index figure available as of the 11;¡[\: 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable infol111ation. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO & ONE-QUART percentage point<; ( 2.250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date, The Note Holder will then determine the amount of my monthly payment. For payment adjustments occurring before the First Principal and Interest Payment Due Date, the amount of my monthly payment will be sufficient to repay all accrued interest each month on the unpaid principal balance at the new interest rate. If I make a voluntary payment of principal before the First Principal and Interest Payment Due Date, my payment amount for subsequent payments will be reduced to the amount necessary to repay all accrued interest on the reduced principal balance at the current interest rate. For payment adjustment<; occurring on or after the First Principal and Interest Payment Due Date, the amount of my monthly payment will be sufficient to repay unpaid principal and interest that I am expected to owe in fuU on the Maturity Date at the current interest rate in substantially equal payments. MULTISTATE FIXED/ADJUSTABLE RATE RIDER-WSJ One-Year LmOR- Ten-Year Interest-Only Period-Single Family-Fannie Mae Uniform Instrument 10 Year Interest-Only Period Fixed/Adjustable Rate LlSOR Rider 1 ¿872-XX (12/07) Page 2 of 5 Form 3153 2/06 00031,s (D) Limits on Interest Rate Changes DOC ID #: 00018941437103008 The interest rate I am required to pay at the first Change Date wiU not be greater than 1 0 . 5 0 0 % or less than 2.250 %. Thereafter, my adjustable interest rate will never be increa<;ed or decreased on any single Change Date by more than two percentage point<; from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 10 . 500 %. (E) Effective Date of Changes My new interest rate wiU become effective on each Change Date. I wiU pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my month]y payment changes again. (F) Notice of Changes Before the effective date of any change in my interest rate and/or monthly payment, the Note Holder will deliver or mail to me a notice of such change, The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. (G) Date of First Principal and Interest Payment The date of my first payment consisting of both principal and interest on this Note (the "First Principal and Interest Payment Due Date") shall be that date which is the 10th anniversary date of the first payment due date, as reflected in Section 3(A) of the Note. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms slated in Section A above, Uniform Covenant 18 of the Security Instrument shall read a<; follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interest<; transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purcha<;er. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. MULTISTATE FIXED/ADJUSTABLE RATE RIDER-WSJ One-Year LffiOR- Ten-Year Interest-Only Period-Single Family-Fannie Mae Uniform Instrument 1 () Year Interest-Only Period Fixed/Adjustable Rate LlSOR Rider 1 E872-XX (12/07) Page 3 of 5 Form 3153 2/06 000317 DOC 10 #: 00018941437103008 If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay aII sums secured by this Security Instl1lment. 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. 2. When Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument described in Section B 1 above shall then cease to be in effect, and the provisions of Uniform Covenant 18 of the Security Instl1lment shall be amended to read as folIows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of whicl:1 is the transfer of title by Borrower at a future date to a purchaser, If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in fuII of aII sums secured by this Security Instrument. However, this option shaII not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent pelmitted by Applicable Law, Lender may charge a reasonable fee a<¡ a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender relea<¡es Borrower in writing. MULTISTATE FIXED/ADJUSTABLE RATE RIDER-WSJ One-Year LmOR- Ten-Year Interest-Only Period-Single Family-Fannie Mae Uniform Instrument 10 Year Interest-Only Period Fixed/Adjustable Rate LlBOR Rider 1 E812-XX (12/07) Page 4 of 5 Form 3153 2/06 0003~8 DOC ID #: 00018941437103008 If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fixed/Adjustable Rate Rider. , \:....1} '1 . -- ...,p f () 1'~'~_.-Á--1 (Seal) - Borrower MARIA SIMENTAL ~i~ RICHARD L. KUNKLE (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower MULTISTATE FIXED/ADJUSTABLE RATE RIDER-WSJ One-Year LmOR- Ten-Year Interest-Only Period-Single Family-Fannie Mae Uniform Instrument 10 Year Interest-Only Period Fixed/Adjustable Rate LlBOR Rider 1 E:872-XX (12/07) Page 5 of 5 Form 3153 2/06 EXHIBIT A THE, FOLLOWING DESCRIBED PREMISES, TO-WIT: LOT 65 OF STAR VALLEY RANCH PLAT 12, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF, ADDRESS: 580 ALPINE WAY; THAYNE, WY 83127 PARCEL ID NO.: 3518-311-003900 TAX MAP OR ì~ 2/,34 11~lllllIllml ~uee198e45~ 4/1/2008 75036280/1 00031.9