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FIELDSTONE MORTGAGE COMPANY
11000 BROKEN LAND PKWY, #600
COLUMBIA, MD 21044
Prepared By:
STEPHEN WINHOLTZ
FIELDSTONE MORTGAGE COMPANY
[Space Ahove This Line For necording nata]
MORTGAGE
MIN
100052606981006199
RECEIVED 11/14/2005 at 4:06 PM
RECEIVING # 913688
BOOK: 604 PAGE: 669
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
()
DEFINITIONS
Words used in multiple sections of this document are detined below and other words are detìl1èd in Sections
3, 11, 13, ] 8, 20 and 21. Certain rules regarding the usage of words used in this document are also provided
in Section 16.
(A) "Selllrity Instrument" means ù1is document, which is dated
together with all Riders to ù1is document.
(B) "Borrower" is
November 8, 2005
J, W TINA MARIE WHITE AND TRENTON WHITE" HIFE AND HUSBAND
, AI(I\. TINA 1W-IITE
Borrower is Ù1e mortgagor under ùlis Security Instrument.
(C) "l\ŒRS" is Mortgage Electronic Registration Systems, Inc, MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender's SUCCessors and assigns, 1\lERS is the mortgagee under this
Security Instrument. f\'1ERS is organized and existing under the laws of Delaware, and has an address and
telephone number of P,O, Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
WYOMING -Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
Form 3051 1/01
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11111111111111111111111111111111111
VMP MORTGAGE FORMS· (800)521,7291
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(D) "Lender" is FIELDSTONE MORTGAGE COMPANY
Lender is a
organized and existing under Ú1e laws of MARYLAND
Lender's address is 11000 BROKEN LAND PKWY, #600
COLUMBIA, MD 21044
(E) "Note" means the promissory note signed by Borrower and dated
The Note states that Borrower owes Lender
CORPORATION
November eighth, 2005
ONE HUNDRED TWENTY THREE THOUSAND FIVE HUNDRED TWENTY & 00/100 Du]]ars
(U, S. $ 123 , 520 . 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than DECEMBER 1, 2035
(F) "Property" means the property that is described below under tlle heading "Transfer of Rights in the
Property, "
(G) "Loan" means tlle debt evidenced by tlle Note, plus interest, any prepayment charges and late charges
due under tlle Note, and a]] sums due under tl1Ís Security Instrument, plus interest.
(H) "Riders" means a]] Riders to this Security Instrument tllat are executed by Borrower, The following
Riders are to be executed by Borrower [check box as applicable]:
D Adjustable Rate Rider
D Balloon Rider
D VA Rider
D Condominium Rider
D Planned Unit Development Rider
D Biweekly Payment Rider
D Second Home Rider
D 1 -4 Family Rider
D Otller(s) [specify]
(I) "Applicable Law" means a]] contro]]ing applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have tlle effect of law) as we]] as a]] applicable tinal,
non-appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means a]] dues, fees, assessments and otller
charges tllat are imposed on Borrower or tlle Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other tl1~iI1 a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic ten11inal, telephonic instrument,
computer, or magnetic tape so as to order,instruct, or autl10rize a financial institution to debit or credit an
account. Such ten11 includes, but is not 1imited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means tllose items that are described in Section 3.
(M) "Misce]]aneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any tl1Írd party (otller tll~1!1 insurance proceeds paid under the coverages described in Section 5) for: (i)
dmnage to, or destruction of, tlle Property; (ii) condemnation or other taking of all or any part of the Property;
(iii) conveyance in 1ieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of tlle Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(0) "Periodic Payment" means tlle regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of tlJis Security Instmment.
(P) "RESPA" means tlle Real Estate Settlement Procedures Act (12 U.Se. Section 2601 et seq) and its
implementing regulation, Regulation X (24 C. F. R. Part 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs tlle same subject matter. As used in tl1Ïs
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
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(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, wheùler or not
ùlat party has assumed Borrower's obligations under Ùle Note and/or ù1is Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) ùle repayment of the Loan, and all renewals, extensions and
modifications of ùle Note; and (ii) ùle perfomlance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey
to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors
and assigns of MERS, with power of sale, ùle following described property located
in Ùle COUNTY of Lincoln
[Type of Reeording Jurisdiction]
[Name of Recordiug Jurisdiction]
All that tract or parcel of land as shown on Schedule "A" attached
hereto which is incorporated herein and made a part hereof.
Parcel ID Number:
992 COUNTY ROAD 119
THAYNE
("Property Address "):
34191220025400
which currently has the address of
[Street]
[CitYI ,Wyoming 83127 [Zip Code]
TOGETH ER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter 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
"Property, " Borrower uilderstands and agrees that ¡vIERS holds only legal title to the interests granted by
Borrower in ùlis Security Instrument, but, if necessary to comply Wiùl law or custom, MERS (as nominee for
Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including,
but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender
including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey Ùle Property and that Ùle Property is unencumbered, except for
encwnbrances of record. Borrower warrants and will defend generally ùle title to the Property against all
claims and demands, subject to any encumbrances of record,
THIS SECURITY INSTRUMENT combines unifonn covenants for national use and non-uIlitt)J111
covenants WiÙl limited variations by jurisdiction to constitute a unifonn security instrument covering real
property.
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UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, Ùle debt evidenced by the Note and any
prepayment charges and late charges due under Ùle Note, Borrower shall also pay funds for Escrow ftems
pursuant to Section 3. Payments due under ùle Note and this Security Instrument shall be made in U,S,
currency. 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 Note and ùlis Security Instrument be made in one or more of tlie following fonns, as selected
by Lender: (a) cash; (b) money order; (c) certitied check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15,
Lender may return any payment or partial payment if ùle payment or partial payments are insufticient to bring
Ùle Loan current. Lender may accept any payment or partial payment insufficient to bring tIle Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, ùlen Lender need not pay interest on UflLlpplied
funds, Lender lllay hold such unapplied fì.mds until Borrower makes payment to bring the Loan current. If
Borrower does not do so within a reasomble period of time, Lender shall eiùler apply such fllnds or return
ùlem to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under
the Note immediately prior to foreclosure, No otlset or claim which Borrower might have now or in the
future against Lender shall relieve Borrower from making payments due under ùle Note and Ù1is Security
Instnllnent or perfonning ùle covenants and agreements secured by ù1is Security Instrument.
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 ùle 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 <unounts shall be app1ied tÏrst to
late charges, second to any oÙler amounts due under Ù1is Security Instrument, and then to reduce Ùle principal
balance of the Note.
If Lender receives a payment from Borrower for a de1inquent Periodic Payment which incJudes a
sufticient <illlount to pay any late charge due, the payment may be applied to the delinquent payment and ùle
late charge. If more Ùlan one Periodic Payment 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 Ulat any excess exists after ùle payment is applied to ùle fuJl 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 ùlen as described in ùle 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 Ùle amount, of ùle Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on ùle day Periodic Payments are due under
the Note, until ùle Note is paid in fuJI, a sum (ùle "Funds ") to provide for payment of amounts due for: (a)
taxes and assessments and oUler 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) premiullls
for any and aJl insurance required by Lender under Section 5; and (d) Mortgage Insurance premiwllS, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with Ùle provisions of Section 10, These items are caJled "Escrow Items." At origination or at any
time during Ùle term of Ùle Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section, Borrower
shall pay Lender ùle Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or aJl
Escrow Items at any time. Any such waiver may only be in writing, In ùle event of such waiver, Borrower
shall pay directly, when and where payable, ùle amounts due for any Escrow Items for which payment of
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Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
payment wiÙ1În such time period as Lender may require, Borrower's obligation to make sllch payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
Instrument, as fue phrase "covenant and agreement" is used in Section 9, lf Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the <unount 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 (U11()Unt. Lender 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, Ùlat are Ùlen required under this Section 3.
Lender may, at any time, c01lect and hold Funds in an ,U1lOunt (a) sufficient to pennit Lender to apply
the Funds at the time specitied under RESPA, and (b) not to exceed the maximum amount 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 whose deposits are insured by a federal agency, instl1Jmentality,
or entity (including Lender, if lender is an institution whose deposits are so insured) or in any Federal Home
loan Bank, lender sha1l apply the Funds to pay the Escrow Items no later than the time specifìed under
RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the
escrow account, or verifying fue Escrow Items, unless lender pays Borrower interest on the Funds and
Applicable Law pennits lender to make such a charge, Unless an agreement is made in writing or Applicable
Law requires interest to be paid on Ùle Funds, lender shall not be required to pay Borrower any interest or
earnings on the Funds. Borrower and lender can agree in writing, however, Ùlat interest shall be paid on the
Funds. lender shall give to Borrower, wiÙl0ut charge, an annual accounting of the Funds as required by
RESP A.
If there is a surplus of Funds held in escrow, as detined under RESPA, lender shall account to
Borrower for Ùle excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
defined under RESPA, lender shall notify Borrower as required by RESPA, and Borrower shall pay to
lender the amount necessary to make up the shortage in accordance with RESPA, but in no more Ùl,1I1 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 Borrower shall pay to lender the amount necessary to make up
the detìciency in accordance with RESPA, but in no more Ùl,1I1 12 monthly payments,
Upon payment in full of all sums secured by ùlÎs Security Instrument, Lender shall promptly refund to
Borrower any Funds held by lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tìnes, and impositions
attributable to Ùle Property which can attain priority over this Security Instrument, leasehold payments or
ground rents 011 the Property, if any, and Community Association Dues, Fees, and Assessments, if any, To Ùle
extent that Ùlese items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower 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 maImer acceptable to
Lender, but only so long as Borrower is perfom1ing such agreement; (b) contests the lien in good faiÙ} by, or
defends against enforcement of Ùle lien in, legal proceedings which in lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded;
or (c) secures from fue holder of the lien an agreement satisfactory to lender subordinating the lien to this
Security Instrument. If Lender detem1ines that any part of Ùle Property is subject to a lien which can attain
priority over Ù1Îs Security Instrument, lender may give Borrower a notice identifying the lien, Within 10
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days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the
actions set forth above in this Section 4.
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. Borrower shall keep the improvements DOW existing or hereafter ertTted on Úle
Property insured against loss by fire, hazards included wiÚJin the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and tloods, for which Lender requires insurance, This
insurance shall be maintained in Úle amounts (including deductible levels) and for Úle periods that Lender
requires, What Lender requires pursuant to the preceding sentences can change during the teml of Úle Loan,
The insurance carrier providing Úle insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably, Lender may require
Borrower to pay, in connection WiÚl this Loan, eiÚler: (a) a one-time charge for flood zone determination,
certification and tracking services; or (b) a one-time charge for !lood zone detenl1ination and certification
services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such detennination or certification, Borrower shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency in connection with the review of any nood zone
detemlination resulting from an objection by Borrower.
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 might not
protect Borrower, Borrower's equity in ùle Property, or ùle contents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges ùlat the cost of Ùle insurance coverage so obtained might signiticantly exceed Ùle cost of
insurance ùlat Borrower could have obtained. Any amounts disbursed by Lender under ùJis Section 5 shall
become additional debt of Borrower secured by ùJis Security Instrument. These amounts shall bear interest at
ùle Note rate trom the date of disbursement and shall be payable, WiÙl such interest, upon notice from Lender
to Borrower 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 shan 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 requires, Borrower shall promptly give to Lender all receipts of paid prerniums and
renewal notices, If Borrower obtains any fonn of insurance coverage, not otherwise required by Lender, for
damage to, or destruction of, ùle Property, such policy shall include a standard mortgage clause and shall
néune Lender as mortgagee and/or as an additional loss payee,
In the event of loss, Borrower shall give prompt notice to ùle insurance carrier and Lender. Lender may
make proof of Joss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, wheùler or not Ùle underlying insurance was required by Lender, shall be
applied to restoration or repair of Ùle Property, if ùle restoration or repair is economically feasible and
Lender's security is not lessened, During such repair and restoration period, Lender shall have ùle right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure Úle work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for Ùle 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 ù1Ìrd parties, retained by Borrower shall not be
paid out of the insurance proceeds and shall be the sole obligation of Borrower. If ùle restoration or repair is
not economically feasible or Lender's security would be lessened, ùle insurance proceeds shall be applied to
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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,
If Borrower abandons the Property, Lender may tile, negotiate and settle any available insurance claim
and re1ated matters, If Borrower does not respond wiù1in 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, ùlen Lender may negotiate and settle the claim, The 30-day period will
begin when the notice is given, In either event, or if Lender acquires the Property under Section 22 or
oÙlerwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed Úle amounts ulJpaid under Úle Note or this Security Instrument, and (1) any oÚler of Borrower's
rights (other Úlan ùle right to any refund of unearned premiums paid by Borrower) under all insurance
policies covering ùle Property, insofar as such rights are applicable to tlie coverage of ùle Property, Lender
may use Úle insurance proceeds eWler to repair or restore the Property or to pay mnounts unpaid under Ùle
Note or Ù1Ís Security Instrument, whether or not then due,
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after ùle execution of this Security Instrument and shall continue to occupy ¡he Property as
Borrower's principal residence for at least one year after Ùle date of occupancy, unless Lender où¡erwise
agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances
exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of' the Property; Inspections, Borrower shall not
destroy, dmnage or impair the Property, allow ùle Propèfty to deteriorate or commit waste on the Property.
WheÚler or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
Úle Property from deteriorating or decreasing in value due to its condition, Unless it is detennined pursuant to
Section 5 ùlat repair or restoration is not economical1y feasible, Borrower shal1 promptly repair the Property if
damaged to avoid further deterioration or damage, If insurance or condemnation proceeds are paid in
cOlmection with damage to, or the taking of, the Property, Borrower shal1 be responsible for repairing or
restoring the Property only if Lender has released proceeds for such pUI1)oses, Lender may disburse proceeds
for Úle repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If ùle insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for Úle completion of such repair or restoration,
Lender or its agent may make reasonable entries upon and inspections of ùle Property, If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property, Lender shal1 give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at Ùle direction of Borrower or WiÙl Borrower's knowledge or
consent gave material1y false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material infonmttion) in connection with ùle Loan, Material representations include, but
are not limited to, representations concerning Borrower's occupancy of ùle Property as Borrower's principal
residence.
9. Protection of' Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is
a legal proceeding ùlat might significantly affect Lender's interest in the Property and/or rights under this
Security Instillment (such as a proceeding in bankruptcy, probate, t()r condemnation or fÖrfeiture, for
enforcement of a lien which may attain priority over Úlis Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, Úlen Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in ùle Propèfty and rights under this Security
Instrument, including protecting and/or assessing Úle value of the Property, and securing and/or repairing
the Property, Lender's actions can include, but are nut limited to: (a) paying any sums secured by it lien which
has priority over this Security Instillment; (b) appearing in court; and (c) paying reasonable
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attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its
secured position in a bankruptcy proceeding, Securing the Property includes, but is not limited to, entering the
Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes,
eliminate building or other code violations or dangerous conditions, and have utilities 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 ùlis Section 9 shall become additiomd debt of Borrower
secured by this Security Instrument, These amounts shall bear interest at Ùle Note rate from the date of
disbursement and shall be payable, WiÙl such interest, upon notice from Lender to Borrower requesting
payment.
If Ù1Ís Security Instrument is on a leasehold, Borrower shall comply WiÙl all the provisions of the lease,
If Borrower acquires fee title to Ùle Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain Ùle Mortgage Insurance in effect. If, for any reason,
Ùle Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay Ùle premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to
Ùle cost to Borrower of the Mortgage Insurance previously in ellect, from an aHernate 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
Ùle amount and for Ùle period Ùlat Lender requires) provided by an insurer selected by Lender again becomes
available, is obtained, and Lender requires separattly designated payments toward the premiums for fvfortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward Ùle premiums for Mortgage Insurance, Borrower
shal! pay Ùle premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss
reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement
between Borrower and Lender providing for such temlÍnation or until tennÌ1liltion is required by Applicable
Law. Noùling in Ù1Ìs Section 10 affects Borrower's obligation to pay interest at Ùle rate provided in the Note,
Mortgage Insurance reimburses Lender (or any entity Ùlat purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed, Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate Ùleir total risk on al! such insurance in force from time to time, and may
enter into agreements with oÙler parties that share or modify their risk, or reduce losses, These agn-ements are
on tenns and conditions that are satisfactory to the mortgage 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 funds obtained from Mortgage Insurance
premiums).
As a result of these agreements, Lender, any purchaser of Ùle Note, another insurer, any reinsurer, any
oÙler entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts ùwt derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange
for sharing or modifying Ùle 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, Ùle arrangement is often termed "captive reinsurance, " Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements wil! not increase the amount
Borrower wi!! owe for Mortgage Insurance, and they wi!! not entitle Borrower to any refund.
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(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the ,Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a refund of ~U1y
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All J\.fiscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is d;ul1aged, such Miscellaneous Proceeds 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, Lemler shall have the right to hold such Miscellaneous 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 pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed, Unless an
agreement is made in writing or Applicablt 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, Ù1e Miscellaneous
Proceeds shall be applied to the sums secured by ù1is Security Instrument, whether or not Úwn due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of Ú1e Property, the Ivfiscellaneous Proceeds
shall be applied to the sums secured by Úlis Security Instrument, wheÚ1er or not Ú1en due, with the excess, if
any, paid to Borrower.
In Ú1e event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or Joss in vaJue is equal to or greater
Úlan Ú1e amount of the sums secured by Ú1is Security Instrument immediately before Ú1e partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by Ú1Îs
Security Instrument shall be reduced by Ù1e amount of Úle Miscellaneous Proceeds multiplied by the
following fraction: (a) the total ;unount of the sums secured immediately before the partial taking, destruction,
or loss in value divided by (b) the fair market value of Ù1e Property immediately before the partial taking,
destruction, or loss in 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 Ú1e Property immediately before Úle partial taking, destruction, or loss in value is less than the
amount of Úle sums secured immediately betè)re the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due,
If Ù1e Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in Ù1e 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 Ú1e notice is given, Lender is authorized to collect and
apply Ú1e Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
Security Instrument, wheÚ1er or not Úlen due, "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or Ú1e party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in fÖrfeiture of Ú1e Property or other material impainnent 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] 9, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes fortèJture of the Property or other material impaill1wnt of
Lender's interest in Ùle Property or rights under this Security Instrument. The proceeds of any award or claim
for damages Ú1at are attributable to Úle impairment of Lender's interest in Ùle Property are hereby assigned
and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied
in the order provided for in Section 2.
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12. Bon-ower Not Released; Forbeanmce By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of tile sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or
any Successors in Interest of Borrower, Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or
any Successors in Interest of Borrower, Any forbearance by Lender in exercising any right or remedy
including, without limitation, Lender's acceptance of payments from Ùlird persons, entities or Successors in
Interest of Borrower or in amounts less ùlan the amount ùlen due, shall not be a waiver of or preclude Ùle
exercise of any right or remedy ~
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees tilat Borrower's obligations and liability shall be joint and sevèfal. However, any Borrower who
co-signs this Security Instrument but does not execute ùle Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-signer's interest in ùle Property under the terms of this
Security Instrument; (b) is not personally obligated to pay ùle sums secured by this Security Instrument; and
(c) agrees tilat Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to Ùle terms of ti1is Security Instrument or the Note without the co-signer's
consent.
Subject to Ùle provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefits under ùlÌs Security Instrument. Borrower 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 benetit Ùle successors and assigns of Lender.
]4. Loan Charges. Lender may charge Borrower fees for services perfonned in connection with
Borrower's default, for Ùle 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 oùler fees, the absence of express aUùlOrity in this Security Instrument to charge a specitic fee
to Borrower shall not be construed as a prohibition on Ùle charging of such fee. Lender may not charge fees
tilat are expressly prohibited by ti1is Security Instrument or by Applicable Law,
If the Loan is subject to a law which sets maximum loan charges, and that law is tinally interpreted so
tilat the interest or other loan charges collected or to be collected in connection with Ùle Loan exceed the
pennittedlimits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce tile charge
to tile pennitted limit; and (b) any sums already collected from Borrower which exceeded pennitted limits
will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under
tile Note or by making a direct payment to Borrower. If a refund reduces principal, tile reduction will be
treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under tile Note), Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
]5, Notices. All notices given by Borrower or Lender in connection with this Security Instrument must
be in writing. Any notice to Borrower in connection with this Security InstnUllent shall be deemed to have
been given to Borrower when mailed by tirst class mail or when actually delivered to Borrower's notice
address if sent by other means, Notice to anyone Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise, The notice address shall be tile Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address. If Lender specities a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of addre~~s through that specitied procedure. There may be
only one desigrmted notice address under this Security Instrument at anyone time. Any notice to Lender shall
be given by delivering it or by mailing it by tirst class mail to Lender's address stated herein unless Lender
has designated another address by notice to Borrower. Any notice in connection Witil this Security InstmI1lent
shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by
this Security Instnunent is also required under Applicable Law, the Applicable Law requirement will satisfy
tile corresponding requirement under this Security Instrument.
tG -6A(WY) (0005)
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16. Governing Law; Severability; Rules of Construction, This Security Instnnnent shall be governed
by federal law and the law of the jurisdiction in which Ùle Property is located, All rights and obligations
contained in ùlÎs Security Instrument are subject to any 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 siknce shall not be construed as a prohibition against agreement by contract. In Ùle event ùlat any
provision or clause of this Security Instrument or the Note contlicts with Applicable Law, such connict shall
not affect other provisions of ùlÎs Security Instrument or Ùle Note which can be given effect wiù10ut Ùle
contlicting provision.
As used in this Security Instnllnent: (a) words of the mascu]ine gender shall mean and include
corresponding neuter words or words of Ule feminine gender; (b) words in the singular shall mean and
include Ule pJural and vice versa; and (c) the word "may" gives sole discretion WiÙlOut any obligation to take
any action.
17. Borrower's Copy. Borrower sball be given one copy of Ùle Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in Ùlis Section 18,
"Interest in Ùle Property" means any legal or beneficial interest in Ùle Property, including, but not limited tn,
those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, ùle intent of which is Ùle transfer of title by Borrower at a future date to a purchaser.
If all or any part of Ùle Property or any Interest in Ùle Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instmment.
However, UlÎs option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall
provide a period of not less U1an 30 days from the date the notice is given in accordance wiUI Section 15
wiùlÎn which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration, If Borrower meets certain conditions,
Borrower shaH have the right to have enforcement of this Security Instrument discontinued at any time prior
to ù]e 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 temlination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing ù1is Security Instrwllent. Those conditions are that
Borrower: (a) pays Lender all sums which ùlen would be due under ùlis Security Instrument and the Note as
if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all
expenses incurred in enforcing Ulis Security Instrument, including, but not limited to, reasonabJe attorneys'
fees, property inspection and valuation fees, and other fees incurred fCJr the puqJose of protecting Lender's
interest in Ú1e Property and rights under ùlÎs Security Instrument; and (d) takes such action as Lender may
reasombly require to assure ùlat Lender's interest in ùle Property and rights under this Security Instrument,
and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged,
Lender may require Ùlat Borrower pay such reinstatement sums and expenses in one or more of the following
fonns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a fedaal
agency, instrwnentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this
Security Instrument and obligations secured hereby shaH remain fully effective as if no acceleration had
occurred. However, Ùlis right to reinstate shall not apply in Ùle 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 (togeùler WÎÙl ÚlÎs Security Instrument) can be sold one or more times without prior notice to Borrower.
A sale might result in a change in the entity (known as ùle "Loan Servicer") that collects Periodic Payments
due under the Note and UlÎs Security Instmment and performs other mortgage loan servicing obligations
under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of
the Loan ServiceI' unrelated to a sale of the Note, If there is a change of the Loan ServiceI', Borrower will be
given written notice of the change which will state the name and address of ù1e new Loan ServiceI', Ule
address to which payments should be made and any other infonnation RESPA requires in connection with a
C -6A(WY) (0005)
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notice of transfer of servicing, If the Note is sold and thereafter Ù1e Loan is serviced by a Loan Servicer other
Ù1an the purchaser of ù1e Note, ù1e mortgage loan servicing obligations to Borrower will remain with the
Loan Servicer or be transferred 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 commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from ù1e other party's actions pursuant to this Security
Instrument or Ù1at alleges that the oilier party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the où1er party (with such notice given in
compliance WiÙl the requirements of Section 15) of such alleged breach and afforded ù1e 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, tllat time period will be deemed to be reasonable
for purposes of iliis paragraph, The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and Ù1e notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
satisfy Ù1e notice and opportunity to take corrective action provisions of ù1Îs Section 20,
21. Hazardous Substances. As used in ù1is Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and Ù1e
tè)llowing substances: gasoline, kerosene, other flmnmable or toxic petroleLU1l products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or fomlaldehyde, and radioactive materials; (b)
"Environmental Law" means federallaws and laws of Ùle jurisdiction where the Property is located Ùlat relate
to healùl, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as detìned in Environmental Law; and (d) an "Environmental Condition"
means a condition Ùlat can cause, contribute to, or oÙlerwise trigger an Environmental Cleanup.
Borrower shall not cause or pem1it ù1e presence, use, disposal, storage, or release of any Hazardous
Substances, or Ù1reaten to release any Hazardous Substances, on or in ùle Property, Borrower shall not do,
nor allow anyone else to do, anyù1ing 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 Ù1e Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to nonnal residential uses and to maintenance of
ù1e Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving Ùle Property and any
Hazardous Substance or Environmental Law of which Borrower has actual kllow1edge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by Ù1e presence, use or release of a
Hazardous Substance which adversely affects the value of the Property, If Borrower learns, or is notified by
any governmental or regulatory authority, or any private party, Ù1at any removal or other remediation of any
Hazardous Substance affecting Ù1e Property is necessary, Borrower shall promptly take all necessary remedial
actions in accordance with Environmental Law, Noiliing herein shall create any obligation on Lender for an
Environmental Cleanup_
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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 priur to
acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a)
the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date
the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the
default on or before the date specified in the notice may result in acceleration of the sums secured by
this Security Instrument and sale of the Property. The notice shall further inform Borrower of the
right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a
default or any other defense of Borrower to acceleration and sale. It' the default is not cured on or
before the date specified in the notice, Lender at its option may require immediate payment in full of
all sums secured by this Security Instrument without further demand and may in\Oke the power of
sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all
expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to,
reasonable attorneys' fees and costs of title evidence.
If 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 Borrower in the manner provided in Section 15. Lender shall
publish the notice of s¡ùe, and the Property shall be sold in the manner prescribed by Applicable Law.
Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied
in the following order: (a) to all expenses of the sale, including, hut not limited to, reasonable
attorneys' fees; (b) to ¡ùl sums secured by this Security Instrument; and (c) any excess to the person or
persons legally entitled to it.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release Ù1is
Security Instrument. Borrower shall pay any recordation costs, Lender may charge Borrower a fee for
releasing this Security Instrument, but only if the fee is paid to a Ùlird party for services rendered and the
charging of the fee is pemlitled under Applicable Law,
24. \Vaivers. Borrower releases and waives all rights under and by virtue of ù1e homestead exemption
laws of Wyoming.
<a -6A(WY) (0005)
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BY SIGNING BELOW, Borrower accepts and agrees to the ten11S and covenants contained 111 this
Security Instnunent and in any Rider executed by Borrower and recorded with it.
Witnesses:
(~_,/Í~rZoc (¡}lCL'L Ct (UILL' L(
(-lflZCc (t )/(:1 Q,
TINA MARIE WHITE AKA
TINA ¡VElTE
/1 V/\
(Seal)
-Borrower
4~«¿//
~ENTON WHITE -
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
- Borrower
(Seal)
(Seal)
,Borrower
,Borrower
Q-SA(WY) (0005)
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ST A TE OF ,"VYOl\HNG,
Lincoln
County ss:
The foregoing instrument was acknowledged before me Ùlis
8th day of November, 2005
by
TINA MARIE WHITE AKA TINA ìVHITE and
TRENTON WHITE
My Commission Expires:
9-15-07
N~~rV /,¡. Ã1J~
GLORIA K. BYERS. NOTA;(¡,USLlC'
C~unty of {~ State of
M Lincoln ~"fÞ} Wyoming ~
- - y Commlssfon Expires Sept. 15, 2007
cD -6A{WY) (0005)
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SCHEDULE A
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A portion of the SWI,4NW% of Section 12, T34N R119W of the 6th P.M., Lincoln County,
Wyoming, being more particularly described as foIIows:
BEGINNING at a point in the west line of said SW % NW 1,4, said point being a Cotton Gin Spike
set 214.50 feet S 0°47'42" W from the Northwest corner of said SW1,4NW%;
thence S 88°53'59" E, 528.00 feet to an Iron Pipe Set;
thence S 0°47'42" W, 165.00 feet to an Iron Pipe set;
thence N 88°53'59" W, 528.00 feet to a Cotton Gin Spike set in said west line;
thence N 0°47'42" E, 165.00 feet to the POINT OF BEGINNING.
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