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After Recor<Iing Retum To:

COUNTRYWIDE HOME r,oANSf rNC.

MS SV-?9 DOCUMENT PROCESSING


P.O.Box L0423

Van Nuys, CA 91410-0423

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Prepared By:

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[Space Above This Line For Recording I)atal

0001_1472503709005
lDoc ID # l

MORTGAGE
MIN

10001

57-0

0 051 41

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2s_-1

DEFINITIONS
words used in multiple sections of this document
are defined below and other words are defined in sections
3,
18' 20 and 2l' Certun rules regarding the usage
of words ,r.o in this documenr are also provided in
ll,l3;

(A) "securify Instrument" means this document,


which is dated sEeTEMBER

with allRiders to this document.


(B) "Borrower" is

TIM A

23, 2005

, together

BRYANT

Instrument.

Bon'ower is the mortgagor under this Security


(C) "MERS" is Mortgage Elcctronic Registration Systems, Inc. MERS is a
lgrratq!ryIrylglr thar iJ acting
nominee
for
Lender
and
Lender's
successors
and
assigns.
MERS
is the mortgagee undei
lglelv.as 3
S""*ity Itst.t*ett. MERS
s of Delaware, and has"an address
telephone number of P.O. 8ox2026, Flint, MI 48501-2026, tel. (888)

is

-.dt

s*
ff-,
$*nt'

couNTRywrDE HOME LOANS, rNC.


Lendcr
Lcndcr is
lS a CORPOFTATION
CORPORaT f ON
organized and existing under the laws
Lender's address

is

tlii -d\

679-MERS.

is

(D) "Lendcr"

of

NEW

vORK

t..,g{i,g6vv
fw'

SEPTEMBER

23, 2005

The

) plus interest. Bonower has promised to pay this debt in rcgular


Periodic Payments and to pay the debt in full not later than ocroBER 01, 2035
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."

Dollars (U.S. $ 228, 000 . 00

MASSACHUSETTS-S|ngle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS


Pagel of11

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4500 park Granada, Calabasasf CA 91302-1,613


(E) "Note" means the promissory note signed
e byrEBonower and dated
Note states that Bonower owes Lender '
TWO HUNDRED TWENTY EIGHT THOUSAND and OO/1OO

(0401) cHL (01/o4xd)

LEG+u

/ A.,no*

lnitials:

Fotm3022

VMP Modgage Solutions (800)521 -7291

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1 1 47 26 03 7000

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(G) "Loan"

ID #:

0001"1412603709005

means tFe debt evidenced bv the Note, plus interest, any prepayment charyes and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Sccurity Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:

lTl

l-l

461us1n6le Rate Ridcr

saitoon Ridcr

l--l vARio".

l--l
l--l
l--l

[--l

Condominium Rider
ptanneo Unit Developmcnt Rider
giweetty Payment

Rider

E
l-l

Second Homc Rider

r-+ Family Rider

otn.r(r) [specify.l

(D

"Applicable Law" means all controlling applicable federal, state and local statutes, r'egulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appcalablc judicial opinions.
(J) "Community Association Dues, Fces, and Assessmcnts" mcans all dues, fecs, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association
or similal organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or crcdit an
account. Such term 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 destmction 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 as 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.

(O) "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 Insfiument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Rcgulation X (24 C.F.R. Palt 3500), as they might be amendcd from time to time, or
any additional or successor legislation or regulation that govcrns the same subject matter. As used in this
Security Instrumcnt, "RESPA" rcfers to all requirements and resLrictions that are imposed in regard to a
"fcderally related mofigage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
means any parfy that has taken title to the Property, whether or not
under the Note and/or this Security Instrument'
obligations
party
Borrower's
has
assumed
that

(Q) "Successor in Interest of Borrower"

TRANSFER OF RIGHTS IN THE PROPERTY


This Security Instument secures to Lender: (i) the rcpayment of the Loan, zurd all renewals, extensions and
m<ldifications of the Note; and (ii) the performance of Borrower's covenants and agrcements under this
grant and convey.lg
Security Instrument and the Note. For this purpose, Borowcr does hereby mortgage,
and assigns
successors
to
the
and
end
a"Siqn!)
sJrcceqs.,"s
LJndi{ls
!E!,f,(solelv as nominee for Lender arld
in
the
located
propefty
described
following
of Venilt&itb_pgr"". of *!", the

HAMPDEN

Of

COUNTY
['I'ype of Recording Jurisdiction]

[Name of Recording Jurisdiction]

SEEEXHIBITTA"ATTACHEDHERETOANDMADEAPARTHEREoF.

Parccl ID Number:

BO BRADFORD

DR'

which currentlY has the address of


FEEDING HILLS

lStreet/Cityl

Massachusetts

o1

030-2728

("Property Address)":

lZiP Codel

lnitials:--

Q-oa{ma11ooot1

cHL(01/04)

Page2of11

Form 3022 1/01

DOC ID #: Q0011-4'72603709005
TOGETIIER WITH all the improvements now or hereafter erected on the property, and all easements,
appuftenances, and fixturcs now or hereaftcr a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Properly." Borrower
*9
that MERS holds ontJ.jegats
lo rle-jlrgrgsrs gralted

ryllgs

!l

TIg.r

ForrowerinthisSecurityInstrument,but,ifnecessiuytocomplywittrlaworcGt@asnomineetbr
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+:-\

a)
ll

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dqt^'

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r and Lender's successor,s u4_qrrgns)


las th" right: to exercise any or all of those itrtere,sr"sjrrctuOing,
but not limited to,
ose and sel
'l'oDertv: and to take any action required of Lender
including, but not limited to,
Security Instrun
Instrument.
BORROWER COVEN
that Borrower is lawfully seised of thc estate hereby conveyed and has the
right to mortgage, grant and convey the Properfy and that the Property is unencumberecl, except for
encumbrances of rccord. Borrower w.urants und
4!!9!11! generally the title to the Properw against all

claims and demands, subject to any encumbrances oTiecor<I-

THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unif<lrm
covenants with limited variations by jurisdiction to constitute a uniform sccurity instrument covering real
propcrty.
UNIFORM COVENANTS. Eoruower_andtgryE cgveryfj-g41!3gg, as follows:
1. Paymcnt of Principal, Interest, Escrow Items, Prepa ment Charges, and Late Charges. Borrower
shall pay when due the principal of, and intcrest on, the debt evidenced by the Note and any prepayment
I^tDhfid(T
charges and late charges due under the Note. Borower 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. pEMtLlrE5
However, 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 Notc and this Security Instrument be made in one or more of the following forms, as selected by Lender:
(a) cash; (b) moncy order; (c) certified check, bank check, treasurer's check or cashier's check, provided any
"Bo14-o7ti
such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or l*rb
entity; or (d) Electronic Funds Transfer.
dcogP s{'c}t.

il,n'

Paymentsaredeemedpg9ired.byLende{whenreceivedatthe@oratsuch

esdl0'

other local.ion as may be desienated bv Lender in accordance with the notice nrovisions in Scction 15. Lendcr
may return any payment or partial payment if the paymcnt or paftial paymcnts arc insufficient to bring the
Loan cunent. Lender may accept any payment or partial payment insufficient to bring the Loan current,
without waiver of any rights hercunder or prejudice to its rights to refuse such payment or partial payments in
the futurc, but Lender is not obligatcd to apply such payments at the time such payments are acccpted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on pApplif.d
fund.s. Lender may hold such glgnpliedJundf until Borower makes payment to bring the Loan cqffenl:. If
Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return

themtoBorrowe1Ifnotappliedeatlier,suchfundswillbeapp
----rr----

a:---'

ihe Note immediately prior to foreclosure. No offset or claim which Bon'ower might have now or in the future
against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument
or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Sectiot 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the
Note; (b) principal due under
due under Section 3. Such payments shall be applied to
each Periodic Payment in the order in which it bccame due. Any remaining amounts shall be applied first to
late charges, second to any other amounts due under this Security Instrument, and then to reducc the principal
balance of the Note.
If Lender receives a payment from Bonower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applicd to the delinquent payment and the
late charge. If more than one Periodic Paymcnt is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
full. To the extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due. Voluntaly prepayments shall be
applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellancous Procecds to principal due under the
or postpone the due date, or change thc amount. of the Penod:g-Pavmelg
Items. Borrower shall pay to L-en--fon'the oayEriodic pavm66 are due under
the Note, until thc Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a)
taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbmnce on the Property; (b) leasehold payments or ground rents on thc Property, if any; (c) premiums
for any and all insurance required by Lcnder under Section 5; and (d) Mortgage Insurance premiums, if any, or
any sums payable by Borrower to Lender in lieu of the payment of Moltgage Insurance premiurns in
accordance with the provisions of Section 10. These items are called "Escrow ltems." At origination or at any
time during the term of the Loan, Lender may require that Community Associal.ion Dues, Fees, and
Assessments, if any, be escrowed by Bonower, and such dues, fees and assessments shall be an Escrow Item.

tneffiffiffints

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Q-oa1may 1ooor1 cHL

(01/04)

Page3of11

Fotm3022 1lo1

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ID #:

000114'72603709005

Bortower sha! promptly furnish to Lendcr all notices of amounts to be naid under this Section. Borrower shall
pay Lendcr the Funds for EscrowTtems uiless Lender waives Borrower's obTigation lo payTe 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 evcnt of such waiver, Borrower shall pay
directly, when and where payable, the amounls due for any Escrow Items for which payment of Funds has
- waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment
been
within such time pedod as Lender may require. Borrower's obligation to make such payments and to pr.ovide
receipts shall for all purposes be deemed to be a covenant and agleement contained in this Security
Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borower 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 Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lcnder may revoke the waiver as to any or all 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, Lhat are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and O) not. to exceed Lhe maximum amount a lenclcr can require
under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicablc Law.
The Funds shall be held in an institution whose deposits are insured by a ferteral agency, instrumentality,
or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home
Loan Bank. Lendcr shall apply !he_IU6s to pay the Escrow Itcms no later than the time specified under
RESPA. Lender shalmffiffifor
holding and applying rhe Funds, annually analyzingrhe cscrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable
Law permil.s 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 clr earnings
on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds.
Lender shall give tn pe-'.rwer, without charge, Ut annual accounting of the Funds as required by RESPA.
tf there is a surplus of Funds held in
"r..o If there is a shortagc of Funds held in escrow, as defined
for the excess funds in accordance with RESPA.
under RESPA, Lcnder shall notify Bonower as required by RESPA, and Bonower shall pay to Lender the
amounl necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly
paymenl.s. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify
Bortower as required by RESPA, and Bonower 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,
Borrower anv Funds held bv Lender.
4. Charges; Liens. Borrower shall pay all tixes, assessments, charges, fines, and impositions attributablc
to the Property which can attain priority over this Sccurity Instrument, leasehold payments or ground rents on
the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these
items are Escrow Items, Bonower shall pay them in the manner provided in Section 3.
Bonower shall promptly discharge any lien which has priority over this Security Instrument unless
Borower: (a) agrees in writing to the payment of the obligation sccured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, Iegal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings ale concluded;
or (c) secures fi'om the holder of the lien an agrcement satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain
priority over this Security Instrument, Lender may give Bonower a notice identifying the lien. Within 10 days
of the date on which that noticc is given, Borrower shall satisfy the lien or tefte one or more of the actions set
forth above in this Section 4.
Lender 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. Borower 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, ealthquakes and floods, for which Lender requircs insurance. This
insurance shall be maintained in the amounls (including deductible levels) and fol the periods that Lender
requires. What Lender requires pursuant to the preccding sentences can change dudng the term of thc Loan.
Thc insurance canier providing thc insurance shall be chosen by Borrower subject to Lender's right to
disapprovc Bonower's choice, which right shall not be exercised unreasonably. 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 zonc determination and certification services and
subsequent charges each time remappings or similar changes occur which reasonably might affect such
detcrmination or certification. Borrower shall also be responsible for the payment of any fecs imposed by the
Federal Emergency Managernent Agency in connection with the revicw of any flood zone determinal.ion
resulting from an objection by Borrower.

@[-oa1ua11ooo,1

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Form3O22 1lO1

If Borrower fails to maintain

DOC rD #: 000L1.412603709005
any of the coverages clescribed above, Lender may obtain insurance

coverage, at Lendcr's option and Borrower's expense. Lender is under no obligation to purchase any par.ticular

type or amount of coverage. Therefore, such coverage shall cover Lcnder, 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. Borower acknowledges
that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that
Boffower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional
debt of Bonower secured by this Security Instrument. These amounts shall bear interest at the Notc rate from
the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower
requesting paymcnt.
All insurance poligigs

..
ryg-bgengEr and renewals of such policies shall be subject ro Lencler's righr /{*''
todlsapprovesuchpoIicics'shallincludea@,andshallnamcLcnderaSmofl,gagee.

anrl/orasanadditi<lnallosspayee'LentIe.sIr?@inepffi

Lender requircs, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If
Borrower oblains any form of insurance coverage, not otherwise required by Lender, for damage to, or
destruction of, the Property, such policy shall include a standard mortgage claqgg and shall name Lencler as
-rng4gAreg and/or as an additional loss payee
In the event of loss, Borrower shall give plompt notice to the insurance canier and Lender. Lender may
make proof of loss if not made promptly by Bonower. Unless Lender and Borrower otherwisc agree in
writing, any insurance proceeds, whethcr or not the undcrlying insurance was required by Lender, shall be
applicd 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 insurance procceds until Lender has had an opportunity to inspect such Property to ensure thc work has
been cornpleted to Lender'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 completcd. Unless an agrcement is made in writing or Applicable Law requires interest to be
paid on such insurance proceeds, Lender shall not be required to pay Bonower any interest or eamings on
such proceeds. Fees for public adjusters, or other third parties, rctained by Borrower shall not be paid out of
the insurance proceeds and shall be the sole obligation of Borower. If the restomtion or repair is not
cconomically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the
sums secured by this Security Instrument, whether o[ not then due, with thc cxcess, if any, paid to Borrower.
Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrtlwer abandons the Property, Lender may file, negotiate and settle any available insurance claim
and rclated matters. If Bon'owcr does not rcspond within 30 days to a notice from Lender that the insurance
carrier has offered to scttle a claim, then Lender may negotiatc and settle the claim. Thc 30-<tay period will
bcgin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borower hereby assigns to Lender (a) Borrower's rights to any insurance proceerls in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and O) any other of Borrower's
rights (other than the light to any refund of uncarned premiums paid by Bonower) under all insurance policies
covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use
the insurance proceeds either to repair or restore the Properly or to pay amounts unpaid under the Note or this
Security Instrument, whether or not then due.
6. Occupancy. Bon'ower shall 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 Propcrty as
Bonower's principal residence for at least one year after the date of occupancy, unless Lender otherwise
agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist
which are beyond Borrower's con[ol.
7. Preservation, Maintenancc and Protcction of the Propcrty; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Propcrty to dcteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from detcriorating or decreasing in value duc to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if
damaged to avoid furthcr deterioration or damage. If insurance or condemnation proceeds ale paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has rcleased proceeds for such purposes. Lcndcr may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds ale not sufficient to repair or restore the Property,
Borrower is not relieved of Bonower's obligation for the completion of such repair or restoration.
I.Sqdgr.-!L!USf.,U may make reasonable entrics upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Bonower 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,
Bonower or any persons or entities acting at the direction of Borrower or with Bonowcr's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in conncction with the Loan. Material representations include, but
arc not limited to, r'cpresentations concerning Bonower's occupancy of the Propcrty as Borrower's principal
rcsidcnce.

@.

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cHL (01/04)

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Fotm3022

1lO1

DOC

ID #:

000L1.412603709005

9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Bonower fails to perform the covenants and agrcements contained in this Security Instrumcnt, (b) ther.e is a

Iegal 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 oi forfeiture, for
enforcement of a lien which may attain priority over this Security Instrumcnt or to enforce laws or
regulations), or (c) Borrower has abantloned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's intcrest in the Propertv and rights under this Security Instrument,

includingprotectingand/orassessi@.r'.o-*:n!iffiffitheProperty.

Lendclls actiorrs can include, but ale not limited to: (a) paying any sums secured by a lien which has prioriiy
over this Security Ins[umenl.; (b) appearing in court; and (c) paying reasonable attomeys' fees to protect il.s

interest in the Property andor rights under this Security Instrument, including its secured position in a
bankruptcy proceeding. Securing the Property includes, but is not limited to, cntering the Property to make
repairs, change locks, r'eplace or board up doors and windows, drain water from pipes, eliminate building or
other code violations or dangerous conditions, and have utilities tumed 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 liability for not taking any or all actions authorized under this Section 9.
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 flom Lpndel to Borrower requesting paymcnt.
If this Security Instrument is on a leasehotd, norroGffil comply with all the provisions of the lease.
If Borower acquires fee title to the Property, the leasehokl and the fee title shall not merge unless Lender
agrces to thc mergcr in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to mainlain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coveragc required by Lendcr ceases to be available from the mortgage insurcr that
prcviously provided such insurancc and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Bonower 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 Bonower of the Mortgage Insurance previously in cffect, from an alternate moftgage insurer selected
by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borower 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, usc and retain these payments as a non-refundable loss reserve in
lieu of Mortgage Insurance. Such loss reserve shall be non-refun<1able, notwithstanding the fact that the Loan
is ultirnately paid in full, and Lender shall not be requirecl to pay Borrower any intercst or.eamings 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 selcctcd by Lender again becomes
available, is obtained, and Lender requires separately designated payments toward the prcmiums for Mortgage
Insurance. If Lender required Mortgagc Insurance as a condition of making the Loan and Borrower was
required to make sepalately designated payments toward the premiums for Morlgage Insurance, Borrower
shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss
reservc, until Lender's requirement for Mortgage Insurance cnds in accordance with any wril.ten agreemcnt
between Bonower and Lender providing for such termination or until termination is required by Applicable
Law. Nothing in this Section 10 affects Borower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a palty to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
into agreements with other palties Lhat. share or modify their risk, or reduce losscs. These agreements are on
terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agrccments. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurancc
prcmiums).
As a lesult of thcse agreements, Lender, any purchaser of thc Note, another insurcr, any reinsurer, any
other entity, or any affiliatc of any of the foregoing, may receive (dirtctly or inclirectly) amounts that dcrivc
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for
sharing or modi$ing the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lendcr takes a share of the insurer's risk in exchangc for a share of the premiums paid to the
insurer, the arrangement is often temed "captive reinsurance." Fur.ther:
(a) Any such agreemcnts 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 fnsurance, and they will not entitle Borrower to any refund.

Q-on1rua1 1ooo,r cHL

(01/04)

Page6of11

Form 3022 1i01

DoC ID #: 0001'1412603709005
(b) Any such agreements will not affect the righls 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 prcmiums that wcrc unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellancous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Procceds shall be applied to restoration or rcpair 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 has
had an opportunity to inspect such Propcrty to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken plomptly. knder may pay for thc repairs and restoration in
a single disburscment or in a series of progress paymenLs as the work is completed. Unless an agreement is
made in writing or Applicablc Law rcquires interest to be paid on such Miscellaneous Proceeds, Lendcr shall
not be required to pay Borrower any interest or eamings on such Miscellaneous Ptocceds. If thc rcstoration or
repair is not economically feasible or Lender's securify would be lessened, the Miscellaneous Proceeds shall
be applied to the sums secured by this Security Instrurnent, whether or not then due, with the excess, if any,
paid to Borower. Such Misccllaneous Proceeds shall be applied in the order providcd for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds

shallbeappliedtothesumssecuredbythisSecuri@tthendue,withtheexcess,if

any, paid to Borrower.


In the event of a partial taking, destruction, or loss in value of the Pronerfv in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than
the amount of the sums sccured by this Security Instrument immediately before the pafiial taking, destruction,
or loss in value, unless Bomower and Lender otherwise agree in writing, the sums secured by this Security
Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:
(a) the 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 pafiial taking, destruction, or loss
in value. Any balance shall be paid to Bonowcr.
In the event of a partial taking, destnrction, or loss in value of the Property in which the fair malket value
of the Property immediately beforc the partial taking, destruction, or loss in value is less than the amount of
the sums secured immediately 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 ale then due.


If the Property is abanclonecl by Bonower, or after notice by Lender to Borower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damagcs, Borower fails to
respond to Lender within 30 clays after the date the notice is given, Lender is authorized to collect and apply
the Miscellaneous Procccds either to restoration or lepair 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 pafly against whom Borrower has a right of action in regard to Miscellaneous

il

Proceeds.

if any action or proceeding, whether civil or criminal, is begun that, in


judgment,
result
in
forfeiture
of the Property or other material impairment of Lender's interest
could
Lender's
Borrower can cure such a default and, if acceleration
Instrument.
rights
this
Security
under
in the Prnperty or
the action or proceeding to be dismissed with a
provided
in
19,
causing
Section
by
reinstate
as
has occurred,
ruling that, in Lenclcr's judgment, precludes forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to thc impairment of Lender's intcrest in the Property are heleby 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
Borrower shall be in default

the order provided for in Section 2.

L2. Borrower Not Released; l'orbearance

By Lender Not a Waiver. Extension of the time for

payment or EgJiliggtigg of amortization of the sums sccured by this Security Instrument gg@q-Uy LenderJo
Bonower or any Successor in Intercst of Borrower shall not operate to rclease the liability of Borrower or any
Successors in Interest of Bonower. Lender shall not be required to commence proccedings against any
Successor in Inl.erest of Bomower or to refuse to extend time for payment or otherwise modify amortization of
the sums secured by this Security Instrumcnt by reason of any dcmand made by the original Borrower or any
in exercising any right or remedy including,
Successors in Interest of Borrower. Any forbearance
u'ithout limitation. Lender's acccntance of payments lrom third personl S!11$ or Succcssors in Intercst ol
not be a waiver of or preclude the exercise of any
Borower or in amounJs less than the am,ifir

!a@!g
t-Efiffihill

right or remedy.
13. .Ioint and Several Liability; Co-signers; Successors and Assigns Round. Borower covenants and
agrees that Borower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but cloes 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

@.-oaluay looo'1

cHL (01/04)

Page7of11

Form3O22 1lO1

DOC

ID #:

000114?2603709005

Security Insfiument; (b) is not personally obligated to pay the sums securcd by this Security Instrument; and
(c) agrees that Lender and any other Boruower 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 Lcnder, shall obtain all of Borower's
rights and benefits under this Security Instrument. Bonower shall not be released from Borrower's obligations
and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
agreements 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 Borower fees for services performed in connection with
Bonower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attomeys' 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
Bonowcr shall not bc construed as a prohibition on the charging of such fee. Lender rnay not charge fees that
are expressly prohibited by this Security Ins[ument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan chargcs, and that law is finally interprcted so
that the interest or other loan charges collected or to be collected in connection with thc Loan cxcccd thc
pcrmitted limits, then: (a) any such loan charge shall be reduced by the amount necessarJ to reduce the charge
to the permitted limit; and (b) any sums already collectcd from Borrower which exceeded permitted limits will
be refunded to Borrower. Lender may choosc to make this refund by reducing Lhe principal owed un<ler the
Note or by making a direct payment to Borrower. If a refund reduces principal, thc rcduction will be treatcd as
a partial prcpayment without any prepayment charge (whether or not a prepayment. charge is provided for
under thc Note). Borower's acceptance of any such rcfund made by direct payment to Borrower will
constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Noticcs. AII notices eiven bv Borrowcr or Lendcr in connection with this Securitv Instrument must
be in writing. Any notice [o Bonower in connection with this Seculiry Instrumcnt shall be deemed to have
been given to Borrower when mailed by first class mail or when actually delivercd to Bonower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicablc Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has desisnated a substitute notice address by notiep to L.ender. Borrower shall promptlyTffi
Lender of Borower's change of addrcss. If Lender specifies a procedure for reporting Bonower's change of
procedure.Jhere
Durwwvr Drrilr
address, then
4uurvD)'
Lrrvrr Borower
reportL d
uw (
shall only
UrllJ rvPur
a UrrdrrBl
change Ur
address through
tluuuErr that
Llrdl Dl/suurgu
specified Prulvuurv.
jjjll!_lllgJmay be
of 4uursDD
notice
dcsignated
address
InsLrumcnt
undcr
this
Security
al. anv onc time. Any notice to Lcndcr shall
EIrone
be given by delivering it or by mailing it by hrst clas$ mail to Lender's address stated herein unlgss Lcndcr

\ 0fan\
has 'isTilfgv

designatedanotheraddressbynoricetoBorroweIfAnynoticeinconnectionwir!thiss*mi?-.
shall not be dcemcd to have been given to Lender ulltil actually received by Lendc{If any notice required by
this Security Ins[umenl. is also rcquired under Applicable Law, the ApplicableL{w requirement will satisfy
the corresponding requircment under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed
All rights and obligations
contained in this Security Instrument are subject to any requirements and limitations of Appljgable Law.

ApplicableLawmightexplicitlyorimplicitlyallowtheit

such silence shall not be construed as a prohibition against agreement by contract.

In the event that any

provision<rrclauseofthisSecurityInstrument'oru"i"comaw,suchconflictshall

which ian be given effect without rhe


nor affecr other provisions of rhis Sccuriry rtrffiglnglg!conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
comcsponding neuter words or words of the ferninine gender; (b) words in the singular shall mean and include
the plural and vice velsa; and (c) the word "may" gives sole discretion without any obligation to take any
action.

/47.Borrowcr'sCopy.BorrowershallbegivenonecopyoltheNoteandofthisSecurityInstrument'
18. Transfer of the Property or a Benefrcial Interest in Borrower. As used in this Section
/

vf6 $( .
,. . ftJ N
S"-^ ,..pl
*' ,
-ni,tr\lJ

W-

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 decd, contract for deed, installment sales contract or escrow
agrcement, the intent of which is the transfer of title by Borower at a future date to a purchaser.
If all or any paft of the Property or any Interest in the Propcrty is sold or transfcrred (or if Bomower is not
pcrson and a beneficial intcrcst in Borowcr is sold or transferrcd) without Lender's prior written
natuml
a
consent, Lender may require immediate payment in full of all sums secured by this Security Instnrment.

However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lendcr shall give Bonower notice of acceleration. The notice shall
provide a period of not less than 30 days fiom the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Bonower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrumcnt without further notice or demand on Borrower.

cHL(01/04)

Page8of11

,Nn5

-y5)i
,*ffi,6.

lnitials:

Q-oa1ual1ooo'y

@,

Form 3022 1/01

DoC

ID #:

0001,].412603709005

Borrower's Right to Reinstate After Accelerafion. If Bonower meets certain conditions, Borrower
prior to the
,shall have the right to have ge{gggltof this Security Instrument discon.tinued at any time
eEfiest of (a) fwe days before sale of the Property pursuant to any power of sale contained in this Securiry
Instrument; (b) such other period as Applicable Law might speci$ for the termination of Borrower's right to
reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borower:
(a) navs Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all cxpenses
incuned in enforcing this Sccurity Instrument, including, but not limited to, rcasonable 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 reasonably
require to assure that Lender's interest in the Property and rights under this Security Instrument, and
19.

Borlower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender
may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,
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 dlawn upon an institution whose deposits ate insured by a fcderal agency,
instrumentality or cntity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
Instlument and obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstatc shall not apply in the casc of acceleration under Section 18.
20. Sale of Notc; Change of Loan Servicerl Notice of Grievance. The Note or a pafiial interest in the
Note
--- (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.

lsarimig@(knownasthe''LoanServicer'')thatc5ii6lct,sPeriodicPayments
obligations
due Erler fhe Nnro anrl this Securitu Intt-'n4n, and performs other mortgage loan servicing

under

the Note, this Security Instrument, and Applicable Law. There also might be one or mols changes of the Loan

ServicerunrelatedtoasaleoftheNote'ifther.eisachangeoftheLoanServicer,@
written notice of the change which will state the name and address of the new Loan Servicer, the addrEs,s to
which paym6ts shoukl be made and any other information RESPA 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
purchaser of the Note, ihe moflgagc loai servicing obligations to Bonower will remain with the Loan Servicer
or be transfered to a succcssor Loan Servicer and are not assumed by the Note Durchaser unlcss otherwise
provided hy tlu Nste .u""haser..

'

Neither Borower nor Lender ryJ rgggglg9l,gj&-ubslrtlled to any iud-iqial action (as either an
individual litigant or the member of a-cl,ass) that 'arises from the othcr parfy's actions pursuant to this Security

period which must elapse bcfore certain action can be taken, that time period will be deemcd to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Bonower pursuant
to Section 22 aruJ the notice of acceleration given to Borrower pursuant to Section 18 shall be decmed to
satisfy the notice and opporlunity to take corrective action provisions of this Scction 20.
2l.Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
substances: gasoline, kerosenc, other flammable or toxic petroleum products, toxic pcsticidcs and herbicides,
formaldchyde, and radioactive materials; (b)
volatile solvents, materials containing asbcstos
jurisdiction
where the Property is located that relate
"Environmental Law" means federal laws and laws of the
"Environmental
Cleanup" includes any response action,
to health, safety or environmental protcction; (c)
Law;
and (d) an "Environmental Condition"
remedial action, or removal action, as defined in Environmental
Cleanup.
Environmental
an
means a condition that can cause, contribute to, or otherwise trigger
release
of any Hazardous
or
pennit
presence,
disposal,
storage,
use,
the
Borrower shall not cause or
Borrower
shall not do, nor
Properfy.
in
on
or
the
Substances, or threaten to release any Haaudous Substances,
Law, (b)
Environmental
(a)
of
any
is
in
violation
that
Property
allow anyone else to do, anything affecting the
Hazardous
a
release
of
presence,
or
use,
(c)
the
due
to
which,
which creates an Environmental Condition, or
Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences
shall not apply to the presence, use, of storage on the Property of small quantities of Hazardous Substances
that are generally rccognized to be appropriatc to normal residential uses and to maintenance of the Propcrty
(including, but not limited to, hazardous substances in consumer products).
Borrowcr shall promptly give Lender writtcn notice of (a) any investigation, claim, demand, lawsuit or
other action by any govemmcntal or regulatory agency ol' private party involving thc Property and any
Hazardous Substance or Envilonmental Law of which Borrower has actual knowledge, (b) any Environmental
Cgndition, including but not limitccl to, any spilling, leaking, dischargc, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presencc, use or release of a Hazardous Substance
which adversely affects the value of the Properly. If Bonower learns, or is notificd by any governmental or
rcgulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
affecting the Propcrty is necessary, Borower shall promptly take all necessary remedial actions in accotdance
with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.

or

@fl-uolruay 1ooor1 cHL

(01/04)

Page9ol11

Form 3022 1/01

DoC

ID #:

00011412603709005

NON-I-INIFORM COVENANTS. Borrowel and Lender further covenant and agree as follows:

22.Lcceleration;Remedies.J,endersT|@toBtlrrowerpriortoaccelerationfollowing

Borr0wer'SbreachofanycoveffihisSecurityInstrument(butnotpriorto

xt15
.ltf6
c+^^oD-tD

,,$
tn60'

acceleration under Section 18 unless Applicablc 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 curcdl 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 noticc shall further inform Borrower of the right to
rcinstate 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 specffied in the notice, Lender at its option may rcquire immediate payment in full of aII sums
secured by this Security irffifii
without further demand and may invoke the STATUTORY

rowERoFSALEandanyotherremediespermittcdbyApplicableLffi
collect

all expenscs incurred in pursuing the remedies provided in this Section 22, including, but not
limited to, reasonable attorneys' fees and costs of tifle evidence.
If !9rr!gr invokes the STATUTORY POWER OF SALE, lender shall mail a copy of a notice of
sale to Borrower, and to other persons prescribed by Applicible Law, in the manner provided by
Applicable Law. Lendcr shall publish the notice of salc, and thc Property shall be sold in the manncr
prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The
procecds 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 Instrumentl and (c)
any cxcess to thc person or persons legally entiUed to it.
23. Release. Upon pavment of all sums secured blz this Securify Instr.ument L-glldgl shall discharge this
Security Instrument. Borrower shall pay any rccordation costs. Lender may charge Borrower a fee for
releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower waives all rights of homestead exemption
rights of curtesy and dower in the

Properfy.

in the Property and relinquishes all


?

e$(,fir:m1ou.nun,,

BY SIGNING BELow, Botower accepts


^"0
Security Instrument and in any Rider executed by Borrower
and recorded with it.

contained

in

this

Witnesses:
(Seal)
TTiVI

A.

BRYANT

-Borrower

(Seal)
-Borrower

(Seal)
-Borrowor

(Seal)
-Borrower

Q-oa1un)1ooo.l1

cHL(01/04)

Page 10 oi

1 1

Form 3022 1/01

DoC

coMMoNwEALTH

ID #:

00071.472603709005

OF MASSACITUSETTS,

On this___________-_ day

County ss:
before me, the undersigned notary public,

of

personally appeared

frnutiltnm

tlidmm iltidtilhfiffittuil ilhlCll


whor" nur"1r; is/are signed on the preceding

thruruh rilrilnttury

io be the person(sf

wniltlU0

'

document, and acknowledged to me that

hc/she/thcy signed it voluntarily for its stated purpose.

My Commission ExPires:
(Seal)

Notary Public

lnitials:-

Q-ol1Unl1orot1 cHL(01/04)

Page11ol11

Form 3022 1/01

Prepared by: ALICIA CRISOSTOMO

COUNTRYWIDE HOME LOANS, INC.

Branch #: 0000221
138 MEMORIAL AVE.
DATE:
CASE #:

DOCID#:

09/23/2005
0001-L4'12603709005

BORROWER: TIM A. BRYANT


PROPERTYADDRESS: BO BRADEORD DR

WEST SPRINGFIELD. MA 01089

Phone: (413)141-4L10
Br Fax No.: (413\141-4728

FEEDING HILLS, MA 0L030-2128

LEGAL DESCRIPTION EXHIBIT A

FHF/VF/CONV
Legal Descriplion Exhibit A
2C404-XX (04103Xd)

tililililililililililililil|il
*23991"

*114726037000002006

[Space Above This Line For Recoriling Data]

FIXED/ADJUSTABLE RATE RIDER


(LIBOR One-Year Index (As Published lnThe WaII Street Journal) - Rate Caps)
After Recording Retum To:
COUNTRYWIDE HOME LOANS, INC.
MS SV-79 DOCUMENT PROCESSING
P . O. Box 1,0423
Van Nuys, CA 91,41-0-0423

Prepared By:
CRISOSTOMO

ALICIA

0001.L412603709005
fooc ID #1

r-R?
THIS FIXED/ADJUSTABLE B4TE_ zuDER is lnade lhis
-rwENrY-rH

day

o.f

2005 , and isf-rrcorp,ofatej_inro andffrall be deemed to amendand supplement-theMo{g,ageDeed of Trust, or Security ne-ecl (tlie "Security Initrument") of the same date given by the undersigned
("Borower") to securc Borower's Fixed/Adjustable Rate Note (the "Note") to
COUNTRYWIDE HOME LOANS, INC.
SEPTEMBER

("Lender") of the same date and covering the property described in the Security Instrument and located at:
80 BRADFORD DR, FEEDING HILLS, MA O1O3O-2728
lPropc(y Addressl

CONV

MULTISTATE FIXED/ADJUSTABLE
2U796-XX

(04/02)(d)

ililililtiltffiililililriltil
*23991*

RATE RIDER - WSJ One-Year LIBOR - Single Family INTEBEST ONLY


Page 1 of

lnitials:

rf tiiiilf llli lilllllililllllllllilllillilf lllilllililli


ilililililf
* 1 1 47
2603 7 00 0 0 02u796 *

DoC ID #: 00011.4'72603709005
THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S F]XED 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. !3g!{ition to the covenants and agrcements made in


,Instrument,

Borower and Len<Ier

trrttrer.iovffiiiifift

the Secgdly

agree as follows:

A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES


The Note provides for an initial fixed interest mte of 5.625 Va.TheNotealsoprovidesfora
change in the initial fixed rate to an adjustable interest rate, as follows:
4. ADJUSTABLE INTER-EST RATE AND

MONTHLY PAYMENT CIIANGES

(A) Change Dates

The initial fixed interest rate I will pay will change to an adjustable interest mte on the
f irst
day of ocroBERf 201.0 , 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 mte changes to

an

adjustable intercst 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 ral.es for one year U.S. dollar.denominated deposits in the London market
("LIBOR"), as published in the The Wall Street Jounml. The most recent Index figure available as of the date
45 days before each Change Date is called the "Current Index."

If

the Index is no longer available, the Note Holder

comparable information. The Notc Holder

will

choose a new index that

is based upon

will Sive
of this choice.
19:r_q19e

(C) Calculation of Changes


Before each Change Date, the Note Holder will calculate my new interest rate by adding

percentage points (
& ONE_QUARTER
2.250 7o) to the Cunent Index. The Note
Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.I257o).
Subjcct to the limits stated in Section 4(D) below, this roundcd amount will be my new interest rate until the

TWO

next Change Date.


The Note Holder will then determine the amount of the monthly payment that would be sufficient to
repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my
new interest rate in substantially equal payments. The result of this calculation will be the new amount of my
monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 10 .625 Vo or
less
2 . 250 7o. Thereafter, my adjustable interest rate will never be increased or decreased on any
single Change Date by more than two pcrcentage points from the rate of interest I have been paying for the
preceding l2 months. My interest rate will never be greal.er than 1O .625 Va.

than

(E) Effective Date of Changes


My new interest rate will become cffective on each Change Date. I will pay the amount of my new
monthly payment beginning on the first monthly payment date after the Change Date until the amount of my
monthly payment changes again.
(F) Notiqe of Cllangcs
@;Nilte ffotOei witt Oelivef or mailTo mfaioric-e- o! any-c_lgggt in my initial hxed interest rate to an
adjusETiffiTdi6fTdte and of any changes in my adjuitaUie inGieiirare before the effecrive clate of any
change. The notice will include the amount of my monthly payment, any information required by law to be
given to me and also the title
number of a
who will answer any qucstion I may have

CONV

MULTISTATE FIXED/ADJUSTABLE
2U796-XX (04/02)

RATE RIDEB - WSJ One-Year LIBOR - Single Family INTEREST ONLY


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DoC

ID #:

0001"I412603709005

B. TRANSFUR OT'THE PROPERTY OR A BI'NET'ICIAL INTEREST IN BORROWER


1. Until Borrower's initial fixed interest rate changcs to an adjustable intcrcst ratc under the tcrms stated
in Section A above, Uniform Covenant 18 of the Security Instrumenl shall rcad as follows:

Transfcr of the Propcrty or a Benelicial Interest in Borrowcr. As used in this Section 18,
"Interest in the Property" means any legal or benclicial intercst in the Property, including, but not
limited to, thosc beneficial intcrcsts transfcn'ed in a bond for deed, contract for deed, installment
sales contract or escrow agreerncnt, thc intcnt of which is the transfcr of title by Borrower at a
future date to a purchaser.
If all or any part of thc Property or any Intcrcst in the Property is sold or transfcrred (or if
Bonowcr is not a natural person and a bencficial interest in Borrowcr is sold or transferrcd) without
Lendcr's prior writl"en conscnt, Lendcr may rcquirc immediate paymcnt. in full of all sums secured
by this Security Insl.rurnent. However, this option shall not bc cxerciscd by Lendel if such excrcise
is prohibited by Applicablc Law.
If Lcnder exercises this option, Lender shall givc Borowcr notice of accclcration. The notice
shall provide a period of not lcss than 30 days from the date the noticc is given in accordance with
Scction 15 within which Bonower must pay all sums securcd by this Sccurity Instrument. If
Borrower fails to pay these sums prior to the cxpiration of this pcriod,rignilcr may invoke any
(remedies pcrmitted by this Security Instrumen-t without further noticc or dernand on Borrower.
2. When Bonower's initial tixed interest rate changes to an adjustable intercst ratc under the
tcrms stated in Scction A abovc, Uniform Covenant 18 of the Security Instrumcnt dcscribcd in
Section B 1 above shall thcn ceasc to be in effcct, and the provisions of Uniform Covenant 18 of the
Security Instrumsnt shall bc amended to lead as follows:

Transfcr of thc Property or a llencficial Intercst in Borrower. As used in this Section 18,
"Interest in the Propcrty" means any lcgal or bcncficial intercst in the Property, including, but not
limited to, thoso bcnefrcial intcrcsts transferred in a bond for dced, contract for deed, installment
sales contlacl. or escrow agreemcnt, the intcnt of which is thc transfer of title by Borrowcr at a
future date to a purchaser,
If all or any part of the Property or any Intercst in the Property is sold or transferred 1or if
Borrower is not a natural pcrson and a beneficial interest in Borower is sold or transfcrred) without
Lender's prior written consent, Lender may requirc immediate payment in full of all sums sccured
by this Security Instrumcnt. However, this option shall not be cxerciscd by Lendcr if such excrcisc
is prohibitcd by Applicablc Law. Lcnder also shall not cxercisc this option if: (a) Borrcwer causes
to be submitted to Lcnder information rcquired by Lendcr to cvaluate thc intcnded transferec as if a
new loan werc bcing made to thc transferec; and (b) Lcnder lcasonably determines that kndcr's
sccurity will not bc impaired by thc loan assumption and that the risk of a breach of any covenant or
agreemcnt in this Security Instrument is acccptable to Lender.
To the extent pcrmitted by Applicable Law, Lcnder rnay charge a reasonablc fec as a
condition to Lender's consent to the loan assumption. Lender also may require thc transferee to sign
an assumption agreement that is acccptable to Lcnder and that obligates the transferec to keep all
thc promises and agreemcnts made in thc Note and in this Security Instrument. Bonowcr will
continue to be obligated under the Note and this Security Ins[umcnt unless Lender rclcases
Borrowcr in writing.

If Lendcr exercises the option to require immediate payment in full, Lendcr shall give
Bonowcr notice of acccleration. The notice shall provide a period of not less than 30 days from the
datc the notice is given in accordancc with Scction 15 within which Borower must pay all sums
sccured by this Security Instrument. If Bonower fails to pay these sums prior to the cxpiration <lf
this period, Lender may invoke any rcmedies pcrmitted by this Security Instrument without further
notice 0r dernand on Borrowcr.

CONV

o MULTISTATE FIXED/ADJUSTABLE RATE RIDER - WSJ One-Year LIBOR - Single Family INTEREST ONLY
2U796-XX (04/02)
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DOC

to #:

0001.1.412603709005

BY SIGNING BELOW, Bonower accepts and agfees to the terms and covenants contained in this
Fixed/Adjustable Rate Rider.

(Seal)

TIM A.

BRYANT

- Borrower

(Seal)
- Borrower

(Seal)
- Borrower

(Seal)
- Borrower

CONV

MULTISTATE FIXED/ADJUSTABLE

2U796-XX(o4to2)

RATE RIDER - WSJ One-Year LIBOR - Single Family INTEREST ONLY


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