HomeMy WebLinkAbout89967230558 (04)
899672
RECEIVED
LINCOLN COUNTY CLERK
Afl~ Recording Return To:
COUNTRYWIDE HOME LOANS, INC.
MS SV-79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410-0423
Prepared By:
REBECCA STEVENSON
BOOK
[Space Above This l.h~e For Recordh~g Data]
30568
[Escrow/Closing
THIS MORTGAGE, dated MAy 20, 2004
MATTHEW R SEEVER, A SINGLE MAN
MORTGAGE
(Line of Credit)
, is between
0005263434805004
[Doc ID ~]
residing at
25645 LANDER AVE, HAYWARD, CA 94544
the person or persons signing as "Mortgagor(s)" below and hereinafter refen'ed 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 "yolf' or the "Mortgagee."
MORTGAGED PREMISES: In consideration of the loan hereinafter described, we hereby mortgage, grant
and convey to you the premises located at:
326 SNAKE RIVER DRIVE
Street
ALPINE LINCOLN
Mmficipality County
WY 83128
State ZiP (the"Premises")..
and ~3rther described as:
LOT 25, RIVER VIEW MEADOWS ADDITION TO THE TOWN OF
OF SECTION 30, T37Nt RllSW, ACCORDING TO THAT PLAT
INSTRUMENT NO. 767416.
ALPINE WITHIN THE SE1 4
FILED JULY 2, 1993 AS
· HELOC- WY Modgage
2Cfi20-WY (02/03)(d) Page 1 of 4
Initiala~)~ St
* 2399 I *
*052
634348000002C62 O*
858
DOC ID #: 0005263434805004
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 tile Premises and all appurtenances thereto.
LOAN: The Mortgage will secu:e your loan in tile principal amount of $ 27, 900.00 or so much
thereof as may be advanced and readvanced from time to time to
MATTHEW R. SEEVER
, and
the Borrower(s) under the Home Equity Credit Line Agreement and Disclosure Statement (the "Note") dated
MAY 2 0, 2 0 0 4 . ' , plus interest and costs, late charges and all othercharges related to tile loan,
all of which sums are repayable [according to the Note. This Mortgage will ',dso 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 tnay 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:
(a) TAXES: We will· pay all real estate taxes, assessments, water charges and sewer rents relating to tile
Premises when theY become due! We will not claim any credit on, or make deduction from, the loan uuder the
Note because we pay these taxes~and charges We will provide you with proof of payment upou request.
(b) MAINTENANCE: W6 :will maintain the building(s) ou 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 covenauts creating or governing the condominium or planned unit development, the by-laws and
regulations of tile condominium or plauned 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 aud 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 ttlat 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 t.'ail dr refuse to do so. You may also sign our name to any check, draft or other order
for die 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 tile Premises or to reduce the ,'m~ount
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 tile amounts yon 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 rat~ 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 iu this Mortgage. Any replacement insurance that
you obtain to cover loss or damages to the Premises may be limited to the amount owing ou the Note plus tile
amount of any Prior Mortgages.
· HELOC - WY Mortgage
2C620-WY (02/03)
Page2 of 4 Initials:///~¢~-
DOC rD #: 0005263434805004
(g) PRIOR MORTGAGE: If the provisions of this paragraph are completed, this Mortgage is subject and
subordinate to a prior mortgage dated 05 / 07 / 2004 mid given by us to
COUNTRYWIDE HOME LOANS
as mortgagee, in the original amount of $ 223, 200.00 (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: We shall not cause or permit the presence, use, disposal, storage, or
release of any Hazardous Substances on or in [he Premises. We shall not do, nor allow anyone else to do, anything
affecting the Premises that is in v~olation of any Environmenttfl 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 mainlenance of the Premises. As used in this
paragraph, "Hazardous Substances" are those substtmces 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 lieu or claim against the Premises without your
prior written consent.
(j) iNSPECTION: We will permit you to inspect tile Premises at any reasonable time.
NO LOSS OF RIGHTS: The Note and this Mortgage may be negotiated or assigned by you without releasing t,s 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, if an7 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 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 widl applicable law In addinon,
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 paymenm 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, ht
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 reports.
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 possessiou of and
manage the Premises and collect the rents of the Premises including those past due after simply notifying thmn by
first class mail to make rental payments to you.
WAIVERS: To the extent pemiitted 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 tile promises and agreements in this Mortgage.
Until the.Note has been paid in full and your obligation to make further adwmces tinder the Note has been
terminated, the provisious of this Mortgage will be binding on us, our legal representatives, our heirs and all future
owner, s of the Pre~nises. This Mo[tgage is for your benefit and for the benefit of anyone to whom you may assign
it. Upon payment in fidl of all amounts owing to you under the Note and this Mortgage, and provided any
obligation to make further advauc:es under the Note has terminated, this Mortgage and your rights in tile Premises
shall end.
· HELOC- WY Mortgage
2C620-WY (O2/O3)
DOC ID #: 0005263434805004
NOTICE: ExcePt for any notice required under applicable law to be given in another manner, (a) any notice to 'tls
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) auy 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 snch other address as you may designate by notice [o us. Any notice provided for in this Mortgage shal] be
deemed to have been given to tls or yon when given in the manner designated herein.
RELEASE: Upon payment of al!:: stuns secured by this Mortgage and provided your obligation to make farther
advances under the Note has terminated, you shall discharge this Mortgage without charge to us, except that we
shall pay any fees for recording c:f 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 auy 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 ns under se~d on the (late first above written.
WITNESS:
Moagagor:
(SEAL)
Mortgagor:
(SEAL)
Mortgagor:
(SEAL)
Mortgagor:
(SEAL
STATE OF ~, flrL~P'l ~-D ,q- Countyss:
foregoing instrument was acknowledged before me this ~ d ~ ~
The
by ~ ~ ~/q ~ ~ · ~ ~ ~
(person acknowledging)
Commission Expires: ~ ~ ~ , 2 ~ ~
My
Not~y Public
COMN% # 142602~
NOTARY PUBLIC-CALIFORNIA
ALAMEDA COUNTY
COMA& EXP. JUNE 29 2007
· HELOC- WY Mortgage
2C620-WY (02/03)
Page 4 of 4
[Space Above This Line For Recordh~g Dalai
SECOND HOME RIDER
AfterRecordingRemmTo:
COUNTRYWIDE HOME I,OANS, INC.
MS SV-79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410-0423
PreparedBy:
REBECCA STEVENSON
30568
[Escrow/Closing
0005263434805004
[Doc ID #]
THIS SECOND HOME RIDER is made this TWENTIETH day of
MAYt 2004 , :md is incorporated into and shall be deemed to tunend and supplement
the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the
undersigned (the "Borrower" whether them ,m:e one or mom persons undersigned) to secure Borrower's Note to
COUNTRYWIDE HOME I. OANS, INC.
(the "Lender") of the same date and covering the Property described in the Security Instrument (the "Property"),
which is located at:
326 SNAKE RIVER DRIVE
ALPINE, WY 83128
[Propeay Address]
MULTISTATE SECOND HOME RIDER - Single Family- Freddie Mac UNIFORM INSTRUMENT
Page 1 of 2
(~)®-365R (0011 ) CHL (11/00)(d) VMP MORTGAGE FORMS - (800)521-7291
CONV/VA
initials ~{ff~ S
Form 3890 1/01
*23991*
* 052634348000002365R*
DOC ID #: 0005263434805004
h-, addition to the covenanl; and agreements made in Ihe Security hlstrument, Borrower :tad Lender fm'ther
covenant and ag,'ee that Sections 6 and § of the Secu,'ity hlst,-umer~t are deleted and are replaced by the
following:
6. Occupancy. Borrower shall occupy, and shall only use. the Property as Borrower's second home.
Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all times,
and shall no£ subject the Property to any timesharing or other shared ownership arnmgemenl or ~o any
rental pool or agreement dm t requires Borrower either to rent the l:'roperty or give a management firm
or any other person any control over the occul)ancy or use of Ihe Property.
8. Borrower's Loan Applict~fion. Borrower shall be in tlefat'dt if, du,'ing tl~e Loan application
process. Boa'ower or any 0ersons or entities acting at the direclion of Borrower or with Borrower's
knowledge or consent gave materi:dly false, misleading, or inaccm'ate information or statements to
Lender (or failed to provide Lender with material information) in connection with the Loan. Material
representalions include, but are not limited to, representations concerning Bo~Tower's occupancy of
the Property as Bon'ower's ,;econd home.
BY SIGNING BELOW, Burrower accepts and agrees to the terms and provisions contained in this Second
Home Rider.
EEVER
(Seal)
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- 1~ OiTower
(~®-365R (o011 ) CHL (11/01~) Page 2 of 2 Form 3890 1/01