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RECENED
'LINCOLN COUN'[¥ CLERK
WHEN RECORDED MAIL TO:
COUNTRYWIDE HOME LOANS, INC.
MSN SV-79 / DOCUMENT CONTROL DEPT.
P.O. BOX 10266
VAN NUYS, CALIFORNIA 91410-0266
DOC ID #: 0002175452355092
ESCROW/CLOSING #: A5169
SPACEABOVEFOR RECORDERS USE
PARCEL ID #: 35183041008300
Prepared by: S. POUNDS
THIS MORTGAGE, da~d December 10
MARIA VICTORIA ALONSO-EHRENHOEFLE'R.
HUSBAND
MORTGAGE
· (Line of Credi0
,2 0 0 2, is between
AND VOLKER EHRENHOEFLERo
WIFE AND
residing at
590 WALNUT DRIVE, THAYNE, WY 83127
the person or persons signing as "Mortgagor(s)" below and hereinafter referred to as "we" or "us" and
COUNTRYWIDE HOME LOANS, INC.
with an address at
4500 Park Granada, Calabasas, CA 91302-1613
and hereinafter referred to as "you" or the "Mortgagee."
MORTGAGED PREMISES: In consideration of the loan hereinafter described, we hereby mortgage, grant and convey to you
the premises located at:
590 WALNUT DRIVE
THAY N E L I NCO LN
Municipality
and further described as:
LOT 49 IN STAR VALLEY RANCH PLAT 6,
ON THE OFFICIAL PLAT THEREOF
KNOWN AS: 590 WALNUT DRIVE
THAYNE, WY 83127
Street
County
LINCLON COUNTY,
WY 83127 (the "Premises").
State ZIP
WYOMING AS DESCRIBED
The Premises includes all buildings and other improvements now or in the future on the Premises and all rights and interests which
derive from our ownership, use or possession of the Premises and all appurtenances thereto.
LOAN: The Mortgage will secure your loan in the principal amount of $' 15,0 O 0.0 0 or so much thereof as may be
advanced and readvanced from time to time to MARIA VICTORIA ALONSO-EHRENHOEFLER
VOLKER EHRENHOEFLER
' , and
, the Borrower(s) under the Home Equity Credit Line Agreement
and Disclosure Statement (the "Note") dated 12 / 10 / 2 0 0 2 , plus interest and costs, late charges and all other
charges related to the loan, all of which sums are repayable according to the Note. This Mortgage will also secure the performance
of all of the promises and agreements made by us and each Borrower and Co-Signer in the Note, all of our promises and
agreements in this Mortgage, any extensions, renewals, amendments, supplements and other modifications of the Note, and any
amounts advanced by you Under the terms of the section of this Mortgage entitled "Our Authority To You." Loans under the Note
may be made, repaid and remade from time to time in accordance with the terms of the Note and subject to the Credit Limit set
forth in the Note.
OWNERSHIP: We are the sole owner(s) of the Premises. We have the legal right to mortgage the Premises to you.
BORROWER'S IMPORTANT OBLIGATIONS:
· HELOC - WY Mo~gaga
2C$301WY (03/01)
Paga 1 of 3
Initials:
DOC ID ~ 0002175452355092
(a) TAXES: We will pay all real estate taxes, assessments, water charges and sewer rents relating to the Premises when they
become due. We will not claim any credit on, or make deduction from, the loan under the Note because we pay these taxes and
charges We will provide you with proof of payment upon request.
(b) MAINTENANCE: We will maintain the building(s) on the Premises in good condition. We will not make major changes
in the building(s) except for normal repairs. We will not tear down any of the building(s) on the Premises without first getting your
consent. We will not use the Premises illegally. If this Mortgage is on a unit in a condominium or a planned unit development, we
shall perform all of our obligations under the declaration or covenants creating or governing the condominium or planned unit
development, the by-laws and regulations of the condominium or planned unit development and constituent documents.
(c) INSURANCE: We will keep the building(s) on the Premises insured at all times against loss by fire, flood and any other
hazards you may specify. We may choose the insurance company, but our choice is subject to your reasonable approval. The
policies must be for at least the amounts and the time periods that you specify. We will deliver to you upon your request the
policies or other proof of the insurance. The policies must name you as "mortgagee" and "loss-payee" so that you will receive
payment on all insurance claims, to the extent of your interest under this Mortgage, before we do. The insurance policies must also
provide that you be given not less than 10 days prior written notice of any cancellation or reduction in coverage, for any reason.
Upon request, we shall deliver the policies, certificates or other evidence of insurance to you. In the event of loss or damage to the
Premises, we will immediately notify you in writing and file a proof of loss with the insurer. You may file a proof of loss on our
behalf if we fall or refuse to do so. You may also sign our name to any check, draft or other order for the payment of insurance
proceeds in the event of loss or damage to the Premises. If you receive payment of a claim, you will have the right to choose to use
the money either to repair the Premises or to reduce the amount owing on the Note.
(d) CONDEMNATION: We assign to you the proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of the Premises, or part thereof, or for conveyance in lieu of condemnation, all
of which shall be paid to you, subject to the terms of any Prior Mortgage.
(e) SECURITY INTEREST: We will join with you in signing and filing documents and, at our expense, in doing whatever
you believe is necessary to perfect and continue the perfection of your lien and security interest in the Premises.
(f) OUR AUTHORITY TO YOU: If we fail to perform our obligations under this Mortgage, you may, if you choose,
perform our obligations and pay such costs and expenses. You will add the amounts you advance to the sums owing on the Note,
On which you will charge interest at the interest rate set forth in the Note. If, for example, we fail to honor our promises to maintain
insurance in effect, or to pay filing fees, taxes or the costs necessary to keep the Premises in good condition and repair or to
perform any of our other agreements with you, you may, if you choose, advance any sums to satisfy any of our agreements with
you and charge us interest on such advances at the interest rate set forth in the Note. This Mortgage secures all such advances. Your
payments on our behalf will not cure our failure to perform our promises in this Mortgage. Any replacement insurance that you
obtain to cover loss or damages to the Premises may be limited to the amount owing on the Note plus the amount of any Prior
Mortgages.
(g) PRIOR MORTGAGE: If the provisions of this paragraph are completed, this Mortgage is subject and subordinate to a
prior mortgage dated 06/29/2001 and given by us to
COUNTRYWIDE HOME LOANS
as mortgagee, in the original amount of $ 18 3,4 0 0.0 0 (the "Prior Mortgage"). We shall not increase, amend or
modify the Prior Mortgage without your prior written consent and shall upon receipt of any written notice from the holder of the
Prior Mortgage promptly deliver a copy of such notice to you. We shall pay and perform all of our obligations under the Prior
Mortgage as and when required under the Prior Mortgage.
(h) HAZARDOUS SUBSTANCES: ~¢e shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Premises. We shall not do, nor allow anyone else to do, anything affecting the Premises that is
in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the
Premises of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and
to maintenance of the Premises. As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or
hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum
products, toxic pesticides and herbicides, Volatile solvents, materials containing asbestos or formaldehyde, and radioactive
materials. As used in this paragraph, "Environmental Law" means federal laws and laws of the jurisdiction where the Premises are
located that relate to health, safety or environmental protection.
(i) SALE OF PREMISES: We will not sell, transfer ownership of, mortgage or otherwise dispose of our interest in the
Premises, in whole or in part, or permit any other lien or claim against the Premises without your prior written consent.
(j) INSPECTION: We will permit you to inspect the Premises at any reasonable time.
NO LOSS OF RIGHTS: The Note and this Mortgage may be nego0ated or assigned by you without releasing us or the Premises.
You may add or release any person or property obligated under the Note and this Mortgage without losing your rights in the
Premises.
DEFAULT: Except as may be prohibited by applicable law, and subject to any advance notice and cure period if required by
applicable law, ff any event or condition described in Paragraph 12.A. of the Note occurs, you may foreclose upon this Mortgage.
This means that you may arrange for the Premises to be sold by advertisement and sale or by judicial foreclosure, at your option, as
provided by law, in order to pay off what we owe on the Note and under this Mortgage. If the money you receive from the sale
· HELOC - WY Mortgage
2C6202WY (03/01 )
Page 2 of 3
DOC ID ~j~ 0002175452355092
is not enough to pay off what we owe you, we will still owe you the difference which you may seek to collect from us in
accordance with applicable law. In addition, you may, in accordance with applicable law, (i) enter on and take possession of the
Premises; (ii) collect the rental payments, including over-due rental payments, directly from tenants after simply notifying them first
class mail to make rental payments to you; (iii) manage the Premises; and (iv) sign, cancel and change leases. We agree that the
interest rate set forth in the Note will continue before and after a default, entry of a judgment and foreclosure. In addition, you shall
be entitled to collect all reasonable fees and costs actually incurred by you in proceeding to foreclosure, including, but not limited
to, reasonable attorneys fees and costs of documentary evidence, abstracts and title repons.
ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER: As additional security, we assign to you the rents of the Premises.
You or a receiver appointed by the courts shall be entitled to enter upon, take possession of and manage the Premises and collect
the rents of the Premises including those past due after simply notifying them by first class mail to make rental payments to you.
WAIVERS: To the extent permitted by applicable law, we waive and release any error or defects in proceedings to enforce this
Mortgage and hereby waive the benefit of any present or future laws providing for stay of execution, extension of time, exemption
from attachment, levy and sale and homestead exemption.
BINDING EFFECT: Each of us shall be fully responsible for all of the promises and agreements in this Mortgage. Until the Note
has been paid in full and your obligation to make further advances under the Note has been terminated, the provisions of this
Mortgage will be binding on us, our legal representatives, our heirs and all future owners of the Premises. This Mortgage is for
your benefit and for the benefit of anyone to whom you may assign it. Upon payment in full of all amounts owing to you under the
Note and this Mortgage, and provided any obligation to make further advances under the Note has terminated, this Mortgage and
your rights in the Premises shall end.
NOTICE: Except for any notice required under applicable hw to be given in another manner, (a) any notice to us provided for in
this Mortgage shall be given by delivering it or by mailing such notice by regular first class mail addressed to us at the last address
appearing in your records or at such other address as we may designate by notice to you as provided herein, and (b) any notice to
you shall be given by certified mail, return receipt requested, to your address at
COUNTRYWIDE HOME LOANS, INC.
4500 Park Granada, Calabasas, CA 91302-1613
or to such other address as you may designate by notice to us. Any notice provided for in this Mortgage shall be deemed to have
been given to us or you when given in the manner designated herein.
R~I.g. ASE: Upon payment of all sums secured by this Mortgage and provided your obligation to make further advances under the
Note has terminated, you shall discharge this Mortgage without charge to us, except that we shall pay any fees for recording of a
satisfaction of this Mortgage.
GENERAL: You can waive or delay enforcing any of your rights under this Mortgage without losing them. Any waiver by you of
any provisions of this Mortgage will not be a waiver of that or any other provision on any other occasion.
THIS MORTGAGE has been signed by each of us under seal on the date first above written.
WITNESS:
Mong,gor: MA R IA' V I C TO R I A & L]~I~N~,~E H ~tl~O E ~L E R
Mortgagor: V 0 L ~
(SEAL)
(SEAL)
Mortgagor:
(SEAL)
(SEAL)
Mortgagor:
STATE OF WYOMING, ~/A/~D/IV/ County ss:
The foregoing instru~ment was acknowledged before me this
" ~ ' ' ' ('} date) J
20620aWY (03/01) COUNTY OF
LI~ I
445
[Space Above This Line For Recording Data]
PLANNED UNIT DEVELOPMENT RIDER
AfmrRecor~ng RetumTo:
COUNTRYWIDE HOME LOANS, INC.
MS SV-79 DOCUMENT PROCESSING
1800 Tapo Canyon
Simi Valley, CA 93063-6712
Prep~edBy:
S. POUNDS
A5169
[Escrow/Closing #]
0002175452355092
[Doc ID ~]
THIS PLANNED UNIT DEVELOPMENT RIDER is made this TENTH day of
DECEMBER, 2002 , and is incorporated into and shall be deemed to amend and supplement the Mortgage,
Deed of Trust, or Security Deed (the "Security Instrument") of the same date, given by the undersigned (the
"Borrower") to secure Borrower's Note to
COUNTRYWIDE HOME LOANS, INC.
(the "Lender") of the same date and covering the Property desciibed in the Security Instrument and located at:
590 WALNUT DRIVE, THAYNE, WY 83127
[Property Address]
MULTISTATE PUD RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENiTnitia~s:~J~'
Page 1 of 3
(~,~7R (0008).01 CHL(09/01) VMP MORTGAGE FORMS (800)521-7291
CON'~V/VA - Form 3150 1/01
* 23991 *
*02 1754523OOOOO2OO7R*
DOC ID Cf 0002175452355092
The Propen7 includes, but is not limited ~o, a paxce] of land improved with a dweRing, together with other such
parcels and ccztain common areas amd facilities, as described in
(the "Declaration"). The Property is a part of a planned unit development known as
STAR VALLEY RANCH
[Name of Planned Unit Development]
(the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity
owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses,
benefits and proceeds of Borrower's interest.
PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument,
Borrower and Lender further covenant and agree as follows:
A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent
Documents. he ConsUtuent Documents are the (i) Declaration; (ii) articles of incorporation, trust instrument or
any equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or
regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments
imposed pursuant to the Constituent Documents.
B, Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance
carder, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides
insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards
Included within the term "extended coverage," and any other hazards, Including, but not limited to, earthquakes
and floods, for which Lender requires insurance, then: (i) Lender waives the provision In Section 3 for the
Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii)
Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed
satisfied to the extent that therequired coverage is provided by the Owners Association policy.
What Lender requires as a condition of this waiver can change during the term of the loan.
Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by
the master or blanket policy.
In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss
to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby
assigned and shall be paid to Lender. Lender shall apply thc proceeds to the sums secured by thc Security
Instrument, whether or not then due, with the excess, if any, paid to Borrower.
C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to Insure that the
Owners Association maintains a public liability insurance policy acceptable In form, mount, and extent of
coverage to Lender.
D. Condemnation. The proc~exts of any award or claim for damages, direct or consequential, payable to
Borrower in connection with any c0mlcmnation or other taking of all or any part of the Property or thc common
areas and facilities of the PUD, or for any conveyance In lieu of condemnation, are hereby assigned and shall be
paid to Lender. Such proceeds shall be applied by Lender to thc sums secured by the Security Instrument as
provided in Section 11.
E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior
written consent, either partition or subdivide thc Property or consent to: (i) thc abandonment or termination of thc
PUD, except for ~bandonmcnt or termination required by law in the case of substantial destruction by fire or
other casualty or In the case of a taking by condemnation or eminent domain; (ii) any amendment to any
provision of the "Constituent Documents" if thc provision is fOr the express benefit of Lender; (iii) termination
of professional management and assumption of self-management of thc Owners Association; or (iv) any action
which would have the effect of rendering the public liability insurance coverage maintained by the Owners
Association unacceptable to Lender.
In ,,,a, s .'~J~~
(~)~-7R (0008).01 CHL(09/01) Page 2 of 3
Form 3150 1/01
. DOC ID # 0002175452355092
F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them.
Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by
the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall be~
interest', from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from
Lender to Borrower requesting payment.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this PUD Rider.
VOLKER EHREN~FLER
(SeaO
- Borrower
(Seal)
- Borrower
(s~)
- Borrower
(Seal)
- Borrower
(~e-TR (0008).01 CHL (09/01) Page 3 of 3
Form 3150 1/01