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HomeMy WebLinkAbout913761 '2,,':::6 7- " ~ V! i4 " (,,/,7. "tìn,-/'O / ,. ., ) ~, lJ~ . 0.. \... '.... Jr:: Return To: FHHLC - POST CLOSING MAIL ROOM 1555 W. WALNUT HILL LN. #200 MC 6712 IRVING, TX 75038 Prepared By: FIRST HORIZON HOME LOAN CORPORATION RECEIVED 11/16/2005 at 4:19 PM RECEIVING # 913761 BOOK: 605 PAGE: 40 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 3505 EAST OVERLAND DRIVE MERIDIAN, ID 83642 [Sp"ce Ahove This Line For HecorcUng Datn] 0055947212 MORTGAGE MIN 100085200559472123 DEFINITIONS Words used inlllultiple sections of this document are defined below and other words are detïned in Sections 3, II, 13, 18,20 and 21. Certain rules regarding the usage of words used in this docwnent are also provided in Section 16, (A) "Security Instrument" means this document, which is dated November 2nd, 2005 togeÚler with all Riders to this document. (D) "Borrower" is ROBERT L. GARDNER & KATHERINE DANA GARDNER , Husband & Wife Borrower is the mortgagor under Úlis Security Instrument. (C) "lVIEI{S" is tvlortgage Electronic Registration Systems, Inc. MERS is a separate cOlvoration that is acting solely as a nominee for Lender and Lender's successors and assigns_ lUERS is the mortgagee under this Security Instrument. MERS is organized and existing under Úle laws of Delaware, and has an address and telephone number of P.O, Box 2026, Flint, MI48S01-2016, tel. (888) 679-MERS. WYOMING -Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3051 1/01 ~ -6A(WY) '000" ~f ' ® é'..-/"''l Page 1 of 15 Initials - (. , y 7./ VMP MORTGAGE FORMS - (800)521'72g,(1V~J _ 11111111111111111111111111111111111 .r). {" ',' r,,-:" )~)/..' ,.~ 'J' 'Ù.&." (- IÎ f"\ ," :j .<1 '. ',. ' /I. .) \~. ...f ~_.,' '...... -:t ...16.. (D) "Lender" is FIRST HORIZON HOME LOAN CORPORATION Lender is a CORPORATION organized and existing under tile laws of THE STATE OF KANSAS Lender's address is 4000 Horizon Way, Irving, Texas 75063 (E) "Note" means the promissory note signed by Borrower and dated November 2nd, 2005 The Note states tllat Borrower owes Lender TWO HUNDRED TWENTY EIGHT THOUSAND & 00/100 Dollars (U. S. $ 228, 000 . 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay tlle debt in full not later than DECEMBER 1, 2035 (F) "Property" means tlle property tllat is described below under the heading "Transfer of Rights in tlle Property. " (G) "Loan" means tllt debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under tllis Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The [(¡lIowing 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 Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (tllat have the effect of law) as well as all applicable tinal, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other 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 than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic teoninal, telephonic instrmnent, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such teon includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers, (L) "Escrow Items" means tllose items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under tlle coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or otller taking of all or any part of tlle Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, tlle value and/or condition of tlle Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, tlle Loan. (0) "Periodic Payment" means tlle regularly scheduled amount due for (i) principal and interest under tlle Note, plus (ii) any mnounts under Section 3 of this Security Instrument. (P) "RESPA" means tlle Real Estate Settlement Procedures Act (12 USe. Section 2601 et seq,) and its implementing regulation, Regulation X (24 e.F.R. Part 3500), as they might be amended frolll time to time, or any additional or successor legislation or regulation that governs the SéU11e subject matter. As used in tllis Security Instrwnent, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if tlle Loan does not qualify as a "federally related mortgage loan" under RESPA. 0055947212 C -6A(WY) (0005) @ Page 2 0115 '""",.~ tIS:(/. Form 3051 1/01 ,i -, J '~," / 'k ' .:' '(J¡ "..L " (\ ~\} ~ .' " () ") "..,Á f ,,...,. "~I I. (Q) "Successor in Interest of Borrower" means any party Ù1at has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instmment. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) Ù1e repaymenl of Ùle Loan, and all renewals, extensions and moditications of the Note; and (ii) the perfonnance of Borrower's covenants and agreements under this Security Instrument and Ùle 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, Ù1e following described property located in Ù1e County of Lincoln [Type of n.ecording Jurisdiction] [Name of Recording 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 TD Number: Coun ty: 12 - 3 419 - 0 9 - 4 - 0 0 - 0 95 . 00 City: which currently has Ùle address of 2232 THAYNE-FREEDOM COUNTYROAD 125 [Street] THAYNE [City] ,Wyoming 83127 [Zip Code] ("Property Address "): TOGETHER WITH all Ùle improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pan of Ùle property. All replacements and additions shall also be covered by this Security Instrument. All of Ù1e foregoing is referred to in this Security Instrument as Ù1e "Property. " Borrower understands and agrees Ù1at MERS holds only legal titJe to the interest:; granted by Borrower in ù1is Security Instrument, but, if necessary to comply with 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, hut 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 Instmment. BORROWER COVENANTS that Borrower is lawfully seised of Ù1e estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record, THIS SECURITY INSTRUMENT comhines uniform covenants for national use and non-unifonll covenants WiÙl limited variations by jurisdiction to constitute a unifon1l security instrument covering real property. 0055947212 ~ -6A(WY) (0005) ® Pag.30! 15 /1 ¿/' Imtials ~ ,-1/ ;;1/ / ,,;!..:J . Form 3051 1/01 '. , ",,':j6í r· !\ no"~ n , '. ( ., i,., '.' " "_ l:t V 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 the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under Ùle Note or this Security Instrument is returned to Lender unpaid, Lender may require ùlat any or all subsequent paymems due under Ùle Note and this Security Instrument be made in one or more of the following forms, 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 oÙler location as may be designated by Lender in accordance with Ùle notice provisions in Section 15, Lender may return any payment or partial payment if the payment or partial payments are insufticient to bring ùle Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in ùle 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 funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If BOrIuwer does not do so wiù1Ìn 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 Ùle outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by ùlis Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and appJied by Lender shall be applied in Ùle 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 Ùle order in which it became due, Any remaining amounts shall be applied 1ìrst to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. H Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a suftïcient amount to pay any late charge due, ùle payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of ù1e Periodic Payments if, and to Ùle extent that, each payment can be paid in fulL To ùle extent that any excess exists after ùle payment is applied to Ùle 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 ùlen 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 ùle due date, or change the amount, of the 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 full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on Ùle Property; (b) ]easehold payments or ground rents on Ùle 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 ùle payment of Mortgage Insurance premiums in accordance with ùle provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the tenn of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, jf 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 ,UlJOunts to be paid under Ùlis Section. Borrower shall pay Lender the 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 all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay direct]y, when and where payable, the amounts due for any Escrow Items for which payment of C -6A(WY) (0005) @ Page 4 of 15 InilialsA~f}& ,...);1 ~.:; Form 3051 1/01 . . · nn," ¡} å '.- \.,' \.! '-, ':t .J. ~:;:1 Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require, Borrower'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 Instrument, as the phrase "covewmt 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 for an Escrow Item, Lender may exercise its rights under Section 9 and pay such iU1lount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance WiÙl 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) suftìcient to permit Lender to apply ùle 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 curr::;nt 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, 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 ùle Funds to pay the Escrow Items no later Ùlan the time specified under RESPA. Lender shaIl not charge Borrower for holding and applying ù1e Funds, annually 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, Lel1lkr shall not be required to pay Borrower any interest or earnings on ùle Funds, Borrower and Lender can agree in wrilil,g, however, ùlat interest shall be paid on the Funds. Lender shaIl give to Borrower, without charge, an annual accounting of the Funds as required by RESPA, If there is a surplus of Funds held in escrow, as ddìned under RESPA, Lencler shaIl account to Borrower for ùle excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as detined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender ùle amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monùlly payments. If ùlere is a deticiency of Funds held in escrow, as ddìned under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by ùlis Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay ùlem 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 manner acceptable to Lender, but only so long as Borrower is perfOll11ing such agreemènt; (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 enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the hoJder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying ùle lien. Within 10 <a -6A(WY) (0005) @ Page 5 of 15 £4f}/ ¡':/ Il'dlials: ,,' . /." CI(" j r \ -"_ Form 3051 1/01 \ '-,. { , t ,,_' , ., ,.-'" --hI h".1. n n -, '1 <c- \. ..: ¡¡.~ ~i: J 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 andlor reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within Ùle tenn "extended coverage," and any other hazards including, but not limited to, earthquakes and t1oods, for which Lender requires insurance, This insurance shall be maintained in Ùle amounts (including deductible levels) and for Ùle periods that Lender requires. What Lender requires pursuant to Ùle preceding sentences can change during Ùle term of the Loan. The insurance carrier providing Ùle 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 with this Loan, either: (a) a one-time charge for nood zone detennirw.tion, certitication and tracking services; or (b) a one-time charge for nood zone detennination and certitìcation services and subsequent charges each time remappings or similar changes occur which reasonably might affect such detennination or certitication. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection WiÙl the review of any t100d zone detennirw.tion 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 the Property, or Ùle contents of Ùle Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of Ùle insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additiorw.l debt of Borrower secured by this Security Instrument. These <unounts shall bear interest at the Note rate from Ùle date of disbursement and shall be payable, with such interest, upon notice frOln 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 shall name Lender as mortgagee andlor as an additional loss payee. Lender shall have the right to hold Ùle policies and renewal certitìcates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any fonn of insurance coverage, not otherwise required by Lendèf, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee andlor as an additional loss payee. In Ùle event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower oÙlerwise agree in writing, any insurance proceeds, whether or not Ùle underlying insurance was required by Lender, shall be applied to restoration or repair of Ùle 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 comp]eted 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 oÙler 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 economically feasible or Lender's security would be lessened, Ù1e insurance proceeds shall be applied to <Q -6A(WY) (0005) ® Page 6 of 15 í/;' """'"/)1 ~.J I; '--^ " I \ .......,. ~ Form 3051 1/01 . . ."'\ n - ' n ',' ", !.J 'U" ..) (.' '~.. i ,(l: -'1. the sums secured by this Security Instrument, wheÙler or not Ùlen due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in Ùle order provided for in Section 2, If Borrower abandons Ùle Property, Lender may tile, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim, The 30-cl<iy period will begin when the notice is given. In eiÙler event, or if Lender acquires Ùle Property under Section 22 or otJlerwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed Ùle amounts unpaid under Ùle Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under aH insurance policies covering Ùle Property, insofar as such rights are applicable to the coverage of the Property. Lender may use tJle insurance proceeds either to repair or restore the Property or to pay amounts unpaid under tJle Note or this Security Instrument, wheÙler or not then due. 6. Occupancy. Borrower shaH occupy, establish, and use Ùle Property as Borrower's principal residence within 60 days after the execution of ù1Ís Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender oÙlerwise agrees in writing, which consent shall not be unreasonably witJlheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections, Borrower shall not destroy, dml1age or impair the Property, aHow Ùle Property to deteriorate or commit waste on Ùle Property. Whether or not Borrower is residing in tJle Property, Borrower shall maintain Ùle Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is detenl1ined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shaH promptly repair the Property if dmnaged to avoid furÙler deterioration or dmllage. If insurance or condemnation proceeds are paid in connection with damage to, or Ùle taking of, Ùle Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such puq)()ses, 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. If Ùle insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation t()r the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of Ùle improvements on Ùle 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. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at Ùle direction of Borrower or with Borrower's knowledge or consent gave materially t;¡]se, misleading, or inLlccurate infonnation or statements to Lender (or failed to provide Lender Witil material infonmltion) in connection with ùle Loan, Material representations include, but are not limited to, representations concerning Borrower's occupancy of the 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 perfonn the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding Ùlat might signiticantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, tÜr condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonabJe or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of tJle Property, and securing and/or repairing the Property. Lender's actions can inc1ude, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; amI (c) paying reasonable o -6A(WY) (0005) @ Inilials:~1iJ-0; L~l\_ / r \. " Form 3051 1/01 Page 7 0115 ¡ ~ I ( '~ ~-'- , ~ El, r' I"'~ r\ .~' l,: r'~~!'1 \" :,.1 t· .... 1: w attorneys' fees to protect its interest in the Property and/or rights under ù1is 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 oùler code violations or dangerous conditions, and have utilities turned on or off. AJùl0Ugh Lender may take action under ù1is 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 ùlis Section 9. Any éUnounts disbursed by Lender under ù1is Section 9 shall become additional debt of Borrower secured by this Security Instrument. These éUllOunts shall bear interest at the Note rate from the date of disbursement and shall be payable, WiÙl such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrwnent is on a ]easehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to Ùle merger in writing. 10. Mortgage Tnsunmce. If Lender required lvfortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, tìJr any reason, the 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 ùle Mortgage Insurance previously in effect, at a cost substantially equivalent to ùle cost to Borrower of ùle Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent lvlortgage Insurance coverage is not avai]able, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when ùle 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 ùle 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 ~unount and for ùle period ùlat Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required tvfortgage Insurance as a condition of making Ùle Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall 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 temlÌnation or until tennination is required by Applicable Law. Noù1Íng in ù1Ís Section 10 affects Borrower's obligation to pay interest at ùle rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases ùle Note) for certain losses it may incur if Borrower does not repay ùle Loan as agreed. Borrower is not a party to ùle Mortgage Insurance. Mortgage insurers evaluate their total risk on all sllch insurance in force from time to time, and may enter into agreements WiÙl other parties ùlat share or modify their risk, or reduce losses. These agreements 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 insllrer to make payments using any source of funds ùlat 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 the Note, another insurer, any reinsurer, any oÙler entity, or any aftïliate of any of Ùle foregoing, may receive (directly or indirectly) amounts that 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 afti]iate of Lender takes a share of Ùle insurer's risk in exchange tìJr a share of the premiwns paid to Ùle insurer, Ùle arrangement is often teoned "captive reinsurance." Further: (a) Any such agreements will not affect the amollnts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amollnt Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. <D-6A(WY) (0005) ® Initials: Form 3051 1/01 Page 8 of 15 . , ( .,1 ~: ~ ¡ .J I'f.", ]1. (, (\,1..... "'1 Iì ,-. ',),' . " .:± () (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 rerund or 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 ( ¡unaged, such Miscellaneous Proceeds shaJl be apphed to restoration or repair of the Property, if Úle restoration or repair is economicaJly feasible and Lender's security is not lessened. During such repair and restoration period, Lender shaJl have Úle right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has ueen completed to Lender's satisfaction, provided Ú1at such inspection shall ue undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as Úle work is completed, Unless an agreement is made in writing or Applicable Law requires interest to be paid on such MisceJlaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such MisceJlaneous Proceeds, If the restoration or repair is not economically feasible or Lender's security would be lessened, Úle Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, wheÚ1er or not then due, wiÚ1 the excess, if any, paid to Borrower. Such 1\1isce]]aneous Proceeds sha]] be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, Ú1e Misce]]aneous Proceeds shall be applied to Ú1e sums secured by this Security Instnunent, wheÚler or not Úwn due, WiÚl the excess, if any, paid to Borrower. In the event of a partial taking, destmction, or loss in value of the Property in which the fair market value of the Property immediately before Ú1e partial taking, destruction, or loss in value is equal to or greater Úwn Ú1e amount of Ú1e sums secured by úlis Security Instrument immediately before the partial taking, destmction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured uy ÚÜs Security Instrwnent shall be reduced by the amount of the Miscellaneous Proceeds multiplied by ùle following fraction: (a) the total amount of Ú1e sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance sha]] be paid to Borrower. In the event of a partial taking, destruction, or loss in value of Ú1e Property in which Últ: fair market value of the Property immediately before Úle partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before Úle partial taking, destmction, or loss in value, unless Borrower and Lender oÚ1trwise agree in writing, Úle Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are Ú1en due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower Úlat the Opposing Party (as detined in the 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 eiú1er to restoration or repair of the Property or to the sums secured by ú1Ís Security Instrument, wheù1er or not Úlen due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the 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 forfeiture of the Property or other material impairment of Lender's interest in Úle Property or rights under ÚÜs 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 WiÚl a ruling Ú1at, in Lender's judgment, precludes forfeiture of the Property or other material impainnent of Lender's interest in Úle Property or rights under this Security Instrument. The proceeds of any award or claim for dmnages Úlat are attributable to Ú1e impainnent of Lender's interest in Úle Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of Úle Property shall be applied in ùle order provided for in Section 2, ~ -6A(WY) (0005) ® PAge 9 0115 '''''''''c,t/ß, i/ l\ vD~ Form 3051 1/01 . , ~,"j .~? t},'·1'l (" ,<>\ ("', " i~ !ì "'.. tl..:t,I,... ~ J 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of Ù1e time for payment or modification of ,unortization of the 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 Ù1e 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 ùlÎrd persons, entities or Successors in Interest of Borrower or in amounts less Ù1an the ,unount then due, shall IJOt be a waiver of or preclude Ù1e exercise of any right or remedy. 13. Joint and Severa] 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 ù¡is Security Instrument but does not execute ù1e Note (a "co-signer"): (a) is co-signing ù1is Security Instrument olùy to mortgage, grant and convey the co-signer's interest in Ù1e Property under ù1e tenl1S of this Security Instrument; (b) is not personally obligated to pay Ù1e sums secured by ù1Ís Security Instrument; and (c) agrees Ù1at Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to Ù1e tenns of ù1is Security Instrument or the Note without the co-signer's consent. Subject to Ù1e 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 ù1Ís 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 benefit ù1e successors and assigns of Lender. 14. Lo<m Charges. Lender may charge Borrower fees for services perfonl1ed in connection with Borrower's default, for the purpose of protecting Lender's interest in ù1e Property and rights under this Security Instrwl1ent, inc]uding, but not limited to, attorneys' fees, property inspection and valuation fees In regard to any other fees, ù1e absence of express aUù10rity in ù1Ís Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on ù1e charging of such fee. Lender may not charge fees that are expressly prohibited by ù1is Security Instrument or by Applicable Law. If Ù1t Loan is subject to a law which sets maximum loan charges, and Ù1at Jaw is fiml1ly inteq)reted so ù1at ùle interest or où1er loan charges collected or to be collected in connection with ù1e Loan exceed ù1e pennittedlimits, ù1en: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pem1itted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under ù1e 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 under the 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, 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection wiù1 ù1is Security Instrument 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 oÙ1er means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires où1erwise, The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shaH promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, ù1en Borrower shall only report a change of address through that specified procedure. There may be on]y one designated notice address under ù1is Security Instrument at anyone 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 anoù1er address by notice to Borrower. Any notice in connection Wiù1 this Security Instmment shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, Ù1e Applicable Law requirement will satisfy Ù1e corresponding requirement under this Security Instrument. C -6A(WY) (0005) @ Page 100f 15 Inilials: ,~!øI;~,·~.· C ./ <~-' " Form 3051 1/01 . . \:¡; , -, ("()(\ t:n '.'" ,. 0l 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow ùle parties to agree by contract or it might be silent, bLlt such silence shall not be construed as a prohibition against agreement by contract. In the event ùlat any provision or clause of this Security Instrument or the Note conf1icts with Applicable Law, such connict shall not affect other provisions of ù1Îs Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of ùle masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in Ùle 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 Copy. Borrower shall be given one copy of the Note and of ùlis Security Instrument. 18. Transfer of the Property or a Benetïcial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneticial interest in the Property, including, but not Jimited to, Úlose beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of Úle Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneticial 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 InstnlllJent. However, ùlis 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 Jess Úl,l!l 30 days from ùle date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower t;lÎls to pay these sums prior to ùle expiration of this period, Lender may invoke any remedies pennitled by this Security Instrwnent without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditiuns, Borrower shall have Úle right to have enforcement of this Security Instrument disconlinued at any time prior to the earliest of: (a) tive days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law ¡night specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enfÖrcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which ùlen would be due under this Secmity Instrurnent 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 ù1Îs Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and oùler fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security I nstrull1ent, and Borrower's obligation to pay the sums secured by ù1Îs Security Instrument, shaH continue unchanged. Lender may require Úlat 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) 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. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as jf no acceleration had occurred. However, Úlis right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicerj Notice of Grievance. The Note or a partial interest in the Note (together with this 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 the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument 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 Úle Loan ServiceI' unrelated to a sale of the Note, If there is a change of Úle Loan Servicer, Borrower will be given written notice of Úle change which will state the mune and address of the new Loan Servicer, the address to which payments should be made and any other infonnation RESPA requires in connection with a ~ -6A(WY) (0005) ® Page 11 01 15 IrHilal~_ ¡!A1ff~,;' '''''Â 7ft I \; ,J \, Form 3051 1/01 ~. '--\ " ,I ,A' ~~-. I ~ '$'.i '.4".",!{~, ...{~1 '.' ./ ·ÜJ.. r' {:. (":. i.&lrjoo ...~ \...J ,1. notice of transfer of servicing. If the Note is sold and ùlereafter the Loan is serviced by a Loan Servicer oÙler than the purchaser of the Note, ùle mortgage loan servicing obligations to Borrower will remain with the Loan ServiceI' or be transferred to a successor Loan ServiceI' and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neiúler Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or ùle member of a class) that arises from ùle other party's actions pursuant to ùlÍs Security Instrument or ùlat a]]eges Ùlat Ùle other party has breached any provision of, or any duty owed by reason of, Ùlis Security Instrument, until such Borrower or Lender has notified ù1e oÙler party (with such notice given in compliance with the requirements of Section ] 5) of such a]]eged breach and afforded the other party hereto a reasonable period after ùle giving of such notice to take corrective action, If Applicable Law provides a time period which must elapse before certain action can be taken, ùlat time period wi]] be deemed to be reasonable for purposes of ù1Îs paragraph, The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and Ùle notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy Ùle notice and opportunity 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, po]]utants, or wastes by Environmental Law and Ùle following substances: gasoline, kerosene, oÙler flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fODnaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of ùle 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 Ùlat can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower sha]] not cause or peDnit ùle presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shaH 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 ùlat adversely affects the value of Ùle Property. The preceding two sentences sha]] not apply to the presence, use, or storage on ùle Property of small quantities of Hazardous Substances that are generaHy recognized to be appropriate to nODnal residential uses and to maintenance of Ùle 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 the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (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 the presence, use or release of a Hazardous Substance which adversely affects Ule value of Ùle Property. If Borrower learns, or is notilied by any governmental or regulatory authority, or any pri vate party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. C -6A(WY) (0005) ® Page 1201 15 ,nilia,sÆ;;' ci{!] Form 3051 1/01 . . . ì 1· ~I . f~ ~~·.I , ,10 ''r:;¡ .l!., ,-~ (\ t.: 0 " ,.I,:' NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as fÖllows: 22. Acceleration; Remedies. Lender sha.1I give notice to Borrower prior to acceleration following Borrower's breach of ,my 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 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 S11111S secured by this Security Instrument and sale of the Property. The notice shall further inform ßorrower 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 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' 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 sale, 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, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons leg,ùly entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shan release this Security Instrument. Borrower shaH pay any recordation costs, Lender may charge Borrower a fee for releasing ÙlÌs Security Instrument, but only if the fee is paid to a tl1ird party for services rendered and the charging of the fee is pennitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights unrler and by virtue of the homestead exemption laws of Wyoming. cC -6A(WY) (0005) @ Page 13 of 15 I//T> Inilial~_ /,j;1~ _ "i\ .¿, Form 3051 1/01 . . \' ~, , 'J,r; v;.~· ~l~ II f'~", 1"\ ,-~" ~ I ~ ...... ".' '. r: I') dJ BY SIGNING BELOW, Borrower accepts and agrees to Ù1e tenns and covenants contained In this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: 0055947212 ca-6A(WY) (0005) ® /6, / /' .j7/' /-!f " ~Þi~ ,~i7t(;¿;( , ROBERT L. GARDNER./' (Seal) ------ ~ì3õ'r-rowc[ /-----{' /; /(f) /1' ,------- ---;:;--;/,¡ , ~ /1. ,Co // ('. ld;/t./rfid ¿,~ "' ¡;¿&./,-_.-", ¡,,l{//L,.,,_ (Seal) KA HERINE DANA GARDNER -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower Page 140115 Form 3051 1/01 . . ." " .,;~ dL......· STATE OF WYOMING, LINCOLN , . ton (. Ci C ':. ;J ,:1 County ss: The foregoing instrument was acknowledged before me Ú1Ís 9th day of NoVember, 2005 by ROBERT L. GARDNER & KATHERINE DANA GARDNER My Commission Expires: 9-15-07 0055947212 C -6A(WY) (0005) ® ~NVicu »~ /1Æ./ e/2.-<l/ NOlary nJblic / Page 15 of 15 GLORIA K BY C . ERS . NOTARY PUBLIC Ounty of If,..... ,. Lincoln 80, j.:.1;;:~ Slate of \!!:B,"" W My CommIssIon E~' ~ yornlng pires Sept. 15,2007 '"''''1(; Form 3051 1/01 !\ ,I ,f.' ,',' ! .1 ~ ~";,'L EXHIBIT "A" (",!,.. 1"" .'- '..., ~,..! t) ~v 0 j 0055947212 Part of the SE~SE~ of Section 9, T34N, Rl19W of the 6th P.M., Lincoln County¡ Wyoming being more particularly described as follows: BEGINNING at a point 30 feet westerly along the southerly line of said section from a brass cap monument marking the Southeast corner of said Section 9¡ said point of beginning being also in the West line of County Road No. 12-125¡ thence continuing westerly along said southerly line a distance of 366.6 feet¡ thence northerly, parallel with the east line of said Section, 148.5 feet¡ thence easterly, parallel with said southerly line a distance of 366.6 feet to a point in said west line of said road¡ thence southerly, along last said West line and parallel with last said east line¡ 148.5 feet to the POINT OF BEGINNING. . .