Loading...
HomeMy WebLinkAbout91021600045 Return To: Wachovia Mortgage Corporation P.O. Box 13160 Sacramento, CA 95813-3160 RECEIVED 7/25/2005 at 10:01 AM RECEIVING # 910216 BOOK: 592 PAGE: 45 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY "¢(~at, i0n. t0 the par/ie disclaims any ' Y con~ent/here0~. l--q'eparod Iqy;.C(~i. "~._~ ~'~'~ N.}.~.~[Space Above This Line Fo,' Recording Data] - ,, MORTGAGE 1525 West W.T. Harris Bh,~ Charlotte, NC 28288 DEFINITIONS Words used in nmltiple sections of this document are define and oth~i-~vords"~l~ ~fihe'rtQtY%"e~s ~, 11, 13, 18, 20 and 21. Certain roles regarding the usage of words used in this document are also provided in Section 16. (A)"Security Instrument" means this document, which is dated June 01, 2005, together with all Riders to this document. (B)"Borrower" is RYAN d ERICKSON, and ROBYNN A ERICKSON, HUSBAND AND WIFE, TENANTS BY THE ENTIRETY Borrower is the mm~tgagor under this Security Insn-ument. (C)"Lender" is Wachovia Mortgage Corporation. Lender is a Corporation orgamzed and existing under the laws of North Carolina. Lender's address is 1100 Corporate Center Drive Raleigh, NC 27607-5066. Lender is the mortgagee under this Security Instrun~ent. (D)"Note" means the promissory note signed by Borrower and dated Juno 01, 2005 . The Note states that Borrower owes Lender Ninety One Thousand Four Hundred and 00/100 Dollars (U.S. $91,400.00 ) plus interest. Borrower has pronfised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 0610612030 . (E)"Property" means the property that is described below under the heading "Transfer of Rights iii the Property." WYOMING-Single Family-Fannie Mae/F,'eddie Mai: UNIFORM INSTRUMENT 231792 WYmtg_conf. doc (Rev 00, 07/03) Page I of 12 Form 3051 1/01 963 8882128440/0303804116 (F)"Loan" nreans the debt evidenced by the Note, plus interest, any prepayment charges aud late charges due under the Note, and all sums due under this Security Instrumeut, plus iuterest. (G)"Riders" means all Riders to this Security Instntment that are executed by Bon'ower. The following Riders are to be executed by Borrower [check box as applicable): [ ] Adjustable Rate Rider [ ] Condominium Rider [ ] Second Home Rider [ ] Balloon Rider [ ] Plam~ed Unit Development Rider [ ] 1-4 Fanfily Rider [ ] VA Rider [ ] Biweekly Paylnent Rider [ ] Other(s) [specify] (H)"Applieable Law" nreans all contxolling applicable federal, state and local statutes, regulations, ordinances and adnfinistrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I)"Comnmnity Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Bon'ower or the Property by a condominium association, homeowners association or similar organization. (J)"Electronic Funds Transfer" means any n'ansfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated tl~'ongh an electronic tern~nal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such ternr includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K)"Eserow Items" means those items that are described in Section 3. (L)"Miseellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condenmation or other taking of all or any part of the Propelty; (iii) conveyance in lieu of condenmation; or (iv) nhsrepresentafions of, or omissions as to, the value and/or condition of the Property. (M)"Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N)"Periodie 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 Instn~ment. (O)"RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they n-fight be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used m this Security Instrument, "RESPA" refers to all requirements and restxictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P)"Sueeessor in Interest of Borrower" means any party that has taken title to the Properly, whether or not that pmty has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property located in the County of LINCOLN [Type of Recording Jurisdiction] [Name of Recording .lurisdiction] · SEE ATTACHEDSCHEDULE A. Parcel ID Number: 31180730016900 which currently has the address of 42 HAPPY VALLEY LN [Street] AFTON [City], Wyoming 83110 [Zip Code] ("Property Address"): WYOMING-SIngle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 231792 WYmtg_conf. doc (Rev 00, 07/03) Page 2 of 12 Form 3051 1/01 963 8882128440/0303804116 TOGETHER WITH all tile improvements now or hereafter erected on the property, and all easements, apptu'tenances, and fixtu,-es now or hereafter a part of tile property. All replacements aud additions shall also be covered by this Security Instrnnaent. All of the foregoing is referred to in this Security Instrun~ent as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to rnortgage, grant and convey the Property and that the Property is unencumbered, except fox- eucumbrances of record. Borrower wan'ants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORiVl COVENANTS. Bon'ower and Lender covenant and agree as follows: 1. Payxnent of Principal, Interest, Escrow Items, Prepayment Charges, and Lute Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Insn-ument shall be made in U.S. currency. However, if any check or other insn-ument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Insn-nment be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bm~ check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or pmtial payment insufficient to bring the Loan cra-rent, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied fnnds. Lender may hold such unapplied fi~nds until Bon-ower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note irrunediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Bon'ower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instruruent. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 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 the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent pa)qnent and the late charge. If more than oue Periodic Payment is outstanding, Lender may apply any payment received fi'om 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. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 231792 WYmtg_conf. doc (Rev 00, 07/03) Page 3 of 12 Form 3051 1/01 963 8882128440/0303804116 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due nnder the Note, nntil the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments aud other items which can attain priority over this Security instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurauce premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At originatiou or at any time during the term of the Loan, Lender may require that Conmmnity Association Dues, Fees, and Assessments, if any, be escrowed by Bon'ower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid uuder this Section. Borrower shall pay Lender the Funds for Escrow Items unless Leuder waives Borrower's obligation to pay the Funds fur any or all Escrow Items. Lender may waive Bon'ower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in v,q-iting. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for the Escrow Items for which paynrent of Funds has been waived by Lender aud, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender nray require. Bon'ower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Insn-ument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due tbr au Escrow Itenr, 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. Lender rnay 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, that 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 (b) not to exceed the naaximum anrount a lender 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 Applicable Law. The Funds shall be held in an institution xvhose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, armually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Bon-ower any interest or earnings on the Funds. Bon'ower and Lender can agree in wa'iting, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an mmual accounting of the Funds as required by RESPA. If there is a surplus of Fnnds held in escrow, as defined tinder RESPA, Lender shall account to Bon'ower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Bon'ower as required by RESPA, and Borrower shall pay to Lender the arnount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Bon'ower shall pay to Lender the amount necessary to make tip 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 Instr'ument, Lender shall promptly refund to Bon'ower any Funds held by Lender. 4. Charges; Liens. Bon'ower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Propmty which can attain priority over this Security Instrument, leasehold paynrents or ground rents on the Property, if any, and Conmrunity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the maimer provided in Section 3. Bon'ower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Bon'ower is performing such agreenrent; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the WYOMING-SIngle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 231792 WYmtg_conf. doc (Rev 00, 07/03) Page 4 of 12 Form 3051 1/01 963 8882128440/0303804116 ,.. 00049 enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures fi'om the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Insn'mnent. If Lender detenmnes that any part of the Property is subject to a lien which can attain priority over this Security Insn-ument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Bon'ower shall satisfy the lien or take one or more of the actions set tbrth above m 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 cmmection with this Loan. 5. Property Insurance. Bon'ower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender reqnires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Bon'ower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised um'easonably. Lender may require Borrower to pay, in com~ection with this Loan, either: (a) a one-time charge for flood zone deternfination, certification and tracking services; or (b) a one-time charge for flood zone deternfination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Ernergency Management Agency in connection with the review of any flood zone deternfination resulting fi'onr an objection by Bon'ower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or nfight not protect Borrower, Borrower's equity in the Property, or the contents of the PropmW, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insm'ance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrmnent. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Bon'ower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requh'es, Bon'ower shall promptly give to Lender all receipts of paid pre,mums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance can'ier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not econonrically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 231792 WYmtg_confdoc (Rev 00, 07/03) Page 5 of 12 Form 3051 1/01 963 8882128440/0303804116 -00 350 If Borrower abandons the Property, Lender nray file, negotiate and settle any available insurance claim and related matters, if Borrower does not respond within 30 days to a notice fi'om Lender that the insurance carrier has offered to settle a claim, then Lender nray negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acqnires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Bon-ower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrmnent, and (b) any other of Bon'ower's rights (other than the right to any refund of unearned pre~mnms paid by Bon'ower) nnder 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 Property or to pay amounts unpaid under the Note or this Security h~strunrent, 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 Property as Borrower's principal residence for at least one year after the date of occupancy, mdess Lender otherwise agrees in writing, which consent shall not be um'easonably witl'dleld, or unless extenuating ch'cumstances exist which are beyond Borrower's conn-ol. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall uot destroy, damage or ilnpair the Property, allow the Property to deteriorate or comanit waste on the Property. Whether or not Bon'ower is residing in the Property, Bon'ower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not econmmcally feasible, Bon'ower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condenmation proceeds are paid in com~ection with damage to, or the taking of, the Property, Bon'ower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such proposes. Lender may disburse proceeds for the repairs and restoration in a single payanent or in a series of progress payments as the work is completed. If the insurance or condenmafion proceeds are not sufficient to repair or restore the Property, Bon'ower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable cnn'les upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the inrprovements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Bon'ower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's ki~owledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in comlection with the Loan. Material representations include, but are not lin6ted to, representations concerning Borrower's occupancy of the Propmly as Bon'ower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Insn'nment, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Insn-ument (such as a proceeding in bankruptcy, probate, for condenmation or forfeiture, for enforcement of a lien which may attain priority over this Security Instnmrent or to enforce laws or regniations), or (c) Bmxower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over tltis Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a banka-uptcy proceeding. Securing the Property includes, but is not limited to, entering the PropmXy to make repairs, change locks, replace or board up doors and windows, drain water fi-om pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned 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 Insn-ument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 231792 WYmtg_confdoc (Rev 00, 07/03) Page 6 of 12 Form 3051 l/0l 963 8882128440/0303804116 If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of tile lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insm'ance. If Lender required Mortgage Insurance as a condition of' making the Loan, Borrower shall pay the premiums required to maintain the Mortgage insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available fi'om the mortgage insurer that previously provided such insurance and Bon-ower xvas required to nrake separately designated payments toward the premimns for Mortgage Insurance, BmTower shall pay the prentiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Bon'ower of the Mortgage Insurance previously in effect, fi'om an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becmnes available, is obtained, and Lender requires separately designated pa)qnents toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the pren'fiums for Mortgage Insurance, Bon'ower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refi~ndable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Bon'ower'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. Borro~ver is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force fi-om time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the nrortgage insurer and the other party (or parties) to these agreements. 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 fi~nds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive fi'om (or might be characterized as ) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affeet the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or an), other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is econmmcally 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 h~spect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a WYOMING-SIngle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 231792 \¥Ymtg_conf. doc (Rex, 00, 07/03) Page 7 of 12 Form 3051 1101 963 8882128440~0303804116 0 0 5 2 single disbursement or iu a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the snms secured by this Security Instrument whether or llot then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss m value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property inm~ediately before the partial taking, desn'uction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument inmaediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in w'iting, the stuns secured by this Security Instrnment shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured inm~ediately before the partial taking, destruction, or loss in value divided by (b) the fair nrarket value of the Property inm~ediately before the partial taking, destruction, or loss m value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property inmrediately before the partial taking, desn'uction, or loss in value is less than the amount of the sums secured inm~ediately 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 Iustrument whether or not the sums are then due. If the Properly is abandoned by Bm'rower, or ii; after notice by Lender to Borrower that the Opposing Party (as defined in tire next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borroxver has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or crinfinal, is begm~ that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights nnder this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairmem of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for h~ Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security lnsn'ument granted by Lender to Bon-ower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to co~mnence proceedings against any Successor in Interest of Borrower or to refitse to extend time for payment or otherwise nrodify amortization of the sums secured by this Security Insn-ument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender iu exercising any right or remedy including, without limitation, Lender's acceptance of payments fi'om third persons, entities or Successors in interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Insn-ument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Insn~nrent; (b) is not personally obligated to pay the sums secured by this Security Instrmnent; and (c) WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 231792 WYmtg_conf. doc (Rev 00, 07/03) Page 8 of 12 Form 3051 1/01 963 8882128440/0303804116 agrees that Leuder and any other Bon'ower can agree to exteud, modify, forbear or make any accounnodations with regard to tbe terms of this Security l[nstrument or the Note without the co-signer's cousent. Subject to the provisions of Section 18, any Successor m Interest of Borrower who assunres Borrower's obligations nnder this Security Insmm~ent in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security hrstrument. Borrower shall not be released fi-om Borrower's obligations and liability under this Security h~stmment unless Lender agrees to such release m writing. The covenants and agreements of this Secnrity Instrument shall brad (except as provided m Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bon'ower fees fol' services performed in connectiou with Bon'ower's default, fol' the purpose of protecting Lender's interest in the Property and rights under this Security instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security h~strument to charge a specific fee to Bon'ower shall uot be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Insn'ument 02' by Applicable Law. If the Loan is subject to a law which sets maximnm loan charges, and that law is finally interpreted so that the interest or other loan charges collected ox' to be collected in com~ectiou with the Loan exceed the pernfitted linfits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted lmfit; and (b) any sums ah'eady collected from Borrower which exceeded pemaitted limits will be refunded to Borrower. Lender may choose to make this retired by reduciug the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for uuder the Note). Borrower's acceptance of any such refixnd made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising ont of such overcharge. 15. Notices. All notices given by Bon-ower 02' Lender in com~ection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Secm'ity Insn'ument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borroxvers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Leuder. Borrower shall promptly notify Lender of Bon'ower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Bon'ower. Any notice in connection with this Security Instrunrent shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Insn'ument is also required under Applicable Law, the Applicable Law requirement will satisfy the cmxespondmg requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Insn-ument shall be governed by federal law and the law of the jurisdiction m which the Property is located. All rights and obligations contained in this Security Instrument are subject to auy requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such sileuce shall not be consmted as a prohibition against agreement by contract. In the event that any provision or clause of this Security Insn-ument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Insmunent or the Note which can be given effect without the conflicting provision. As used in this Security Insmtment: (a) words of the masculine gender shall mean and include corresponding neuter words 02' words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Cop),. Borrower shall be given one copy of the Note and of this Security Insn-ument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal 02- beneficial interest in the Property, including, but not limited to, those beneficial interests n-ansferred in a bond for deed, conn'act for deed, installment sales contract or escrow agreement, the intent of which is the n'ansfer of title by Borrower at a future date to a purchaser. %/¥OIVIING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 231792 WYmtg_conf. doc (Rev 00, 07/03) Page 9 of 12 Form 3051 1/01 963 8882128440/0303804116 0005, If all or any part of the Property or any Interest tn the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Bon-ower is sold or transferred) without Lender's prior written consent, Lender may require innnediate payment in fi~ll of all sums secured by this Secnrity Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Laxv. If Lender exercises this option, Lender shall give Borroxver notice of acceleration. The notice shall provide a period of not less than 30 days fi'om the date the notice is given in accordance with Section 15 within which Borrower umst pay all sums secured by this Security InstTumeut. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Iustrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security InstTument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Bon'ower: (a) pays Lender all sums which then would be due under this Security lnsn'ument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreenrents; (c) pays all expenses incm-red in enforcing this Security Instrument, includiug, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other tees incurred for the propose 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 Insn'mnent, and Borrower'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 dra~w~ upon an institution whose deposits are insured by a federal agency, insn-umentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by BotTower, this Security Insmtment and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more tinres without prior notice to Borrower. A sale n-fight result in a change in the entity (tmown as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and perfo, rms other mortgage loan servicing obligations under the Note, this Security Insn'ument, and Applicable Law. There also n-fight be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Bon'ower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other infomlation RESPA requires in coxmection with a notice of ta'ansfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the pnrchaser of the Note, the motlgage loan servicing obligations to Borroxver will remain with the Loan Servicer or be n-ansferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may conmlence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises froln the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instq-ument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and aftbrded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and oppodunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environrnental Law and the following substances: gasoline, kerosene, other flanm~able or toxic petroleum products, toxic pesticides and herbicides, volatile soh, ents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Envirmm~ental WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 231792 WYmtg_conf, doc (Rev 00, 07/03) Page 10 or' 12 Form 3051 1/01 963 8882128440/0303804116 00555 Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribnte to, or otherwise n'igger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Snbstances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, bat not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govermnental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Bon'ower has actual knowledge, (b) any Environmental Condition, including but not linfited to, any spilling, leaking, discharge, release or tN'eat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any govenm~ental or regulatory authority, or any private party, that any renroval or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Enviromnental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default mnst be cured; and (d) that failure to cm'e the default on or before the date specified in the notice may result in acceleration of the stnns secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after aeceleratiou and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and ma), invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' tees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrowe,- in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at an), sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, bat not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and {c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all stuns secured by this Security Instrument, Lender shall release this Security Insn-ument. Borrower shall pay any recordation costs. Lender nmy charge Bon-ower 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 pern-fitted under Applicable Law. 24. Waivers. Borrower releases and waives all ,'ights under and by virtue of the homestead exemption laws of Wyon6ng. WYOMING-Single Family-Fa,nie Mae/Freddie Mac UNIFORM INSTRUMENT 231792 WYmtg_conf. doc (Rev 00, 07/03) Page 11 of 12 Form 3051 1/01 963 8882128440~0303804116 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. RYAN JJE RIC K/3 ON [SEAL] [SEAL] -Wilness -Wilness [SEAL] ISEAL] - ~ O fro we I' _ [3j o H'O Wel' ISEALI ISEALI -Borrower ~[~orrower [SEALI [SEAM -Borrower -BOH'OWef [SEAL] ISEAL] -Borrower -Bon'ower STATE OF WYOMING, The foregoing instrument was acknowledged before me this by County ss: ~,~..-~ 'e~O My Conm-fission Expires: -/J'-,07 Notary P LI b{~/c '/~ ~VYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 231792 WYmtg_conf. doc (Rev 00, 07/03) Page 12 of 12 Form 3051 1/01 963 8882128440~0303804116 00 557 ILLEGIBLE NOTARY SEAL DECLARATION (Government Code 27361.7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of Notary: Commission Number: (If Applicable) Date Commission Expires: State: County: Place of Execution of This Declaration: WACHOVIA MORTGAGE CORPORATION Agent For: WACHOVIAMORTGAGE CORPORATION 007 58 "SCHEDULE A" ALL THAT CERTAIN PROPERTY SITUATED IN THE CITY OF AFTON, IN THE COUNTY OF LINCOLN AND STATE OF WYOMING AND BEING MORE PARTICULARY DESCRIBED IN A DEED DATED 10/22/1998 AND RECORDED 10/23/1998 IN BOOK 420, PAGE 67 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, DESCRIBED AS FOLLOWS: A PART OF THE SW1/4 OF SECTION 7, T31N R118W OF THE 6TH P. M., LINCOLN COUNTY WYOMING, AND THAT PART OF THAT DEED OF RECORD IN BOOK 193PR ON PAGE 220 IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 7 FOUND AS DESCRIBED IN THE CERTIFIED LAND CORNER RECORDATION FILED IN THE SAID OFFICE, THENCE S 00o 050 W, 1233 21 FEET ALONG THE WEST LINE OF THE SAID SW1/4, THENCE N 890 34' E, 2307 45 FEET ALONG THE SOUTH LINE OF THAT TRACT OF RECORD IN SAID OFFICE IN BOOK 86PR ON PAGE 213, TO AN INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY 189, SAID POINT BEING S 00043' W, 188 93 FEET FROM THE MONUMENT FOR STATION 639 44 04 ON THE SAID RIGHT OF WAY LINE; THENCE S 00043' W, 365 81 FEET ALONG SAID WEST RIGHT OF WAY LINE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE S 890 29 5' W, 193 00 FEET, THENCE S 00043' W, 225 70 FEET, TO A POINT THAT INTERSECTS THE NORTH RIGHT OF WAY LINE OF HAPPY VALLEY COUNTY ROAD #12-156 S; THENCE N 89029 5' E, 193 00 FEET ALONG SID NORTH RIGHT OF WAY LINE TO A POINT THAT INTERSECTS THE WEST RIGHT OF WAY LINE FOR U.S. HIGHWAY 89; THENCE N 00o43' E, 225 70 FEET ALONG SAID WEST RIGHT OF WAY LINE TO THE POINT OF BEGINNING. PARCEL ID NUMBER: 31180730016900