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AMERISAVE MORTGAGE CORPORATION
3525 PIEDMONT ROAD, 6 PIEDMONT
ATLANTA, GEORGIA 30305
Loan Number: 157064-106303841
CENTER STE 710
Requested by and
Return to:
Recording D,'partment
First American Lenders Aûvw::t~e
1801 Lílkepoiute Drive, Suite 111
Lewisville, TX 75057
(469) 322-2500
RECEIVED 11/28/2005 at 3:13 PM
RECEIVING # 914004
BOOK: 606 PAGE: 37
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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[Space Above This Line For Recording DataI
MORTGAGE
MIN: 1000157 - 0006077222-1
/) Ct DEFINITIONS
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Words nsed inmuItiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 and 21. Certain rules regarding the usage of wonls used in this document are also provided in Section 16,
(A) "Security Instrument" means this document, which is dated NOVEMBER 10, 2005
with all Riders to this document.
(B) "Borrower" is BARBARA J. EISCHEN AND CHRISTOPHER M. DELGADO
, together
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, rne. JvlERS is a separate corporation that is acting
soIeIy as a nominee for Lender and Lender's successors and assigns, MERS is the mortgagee under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number
ofP.a, Box 2026, Flint, Mr 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is AMERISAVE MORTGAGE CORPORATION
Lender is a A GEORGIA CORPORATION Olganized
and existing under the laws of GEORGIA
Lender's address is 3525 PIEDMONT ROAD, 6 PIEDMONT CENTER STE 710,
ATLANTA, GEORGIA 30305
(E) "Note" means the promissory note signed by Borrower and dated NOVEMBER 10, 2005
The Note states that Borrower owes Lender TWO HUNDRED THOUSAND AND 00/100
Dollars (U ,S, $ 200, 000 . 00 ) plus interest.
Borrower has promised to pay this debt in regular Periodic Payments and to pay the deht in full not later than
DECEMBER I, 2035
(F) "Property" means the property that is described beIow under the heading "Transfer of Rights in the Property,"
(G) "Loan" means the debt evidenced hy the Note, plus interest, any prepayment charges and Iate charges due under
the Note, and all sums due under this Security Instillment, pIus interest.
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Borrower Initials:
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(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The foJlowing Eiders are
to be executed by Borrower [check box as applicable]:
o Adjustable Rate Rider
o Balloon Rider
D 1-4 Family Rider
o Condominium Rider
D Planned Unit Development Rider
D Biweekly Payment l~ider
o Second Home Rider
D Otlwr(s) [specify]
(1) "Applicable Law" means all controlling appJicable federal, state and local statutes, regulations, ordinances and
administrative mles and orders (that have the effect of Jaw) as well as all applicable Jìnal, non-appealable judicial
opinions.
(J) "Community Association Dues, Fees, and Assessments" means all due" fees, assessments and olher charges
that are imposed un Borrower or the 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 termiual, telephonic instrument, computer, or
magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers iui!iated by
telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any
third party (other than insurance proceeds paid under the cuverages described in Section 5) for: (i) damage to, or
destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in
lieu of condemnation; or (iv) misrepresentations of. or omissions as to, the value and/or condition of the Property,
(N) "Mortgage Insurance" means insnrance protecting Lender against the nonpayment of. or default on, the Loan.
(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,
plus (ii) any amounts under Section 3 of this Security Instnunent.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 use. §2GOl et seq,) and its impJementing
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 the same subject matler, As used in this Security Illstrument,
"RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage ]oan"
even if the Loan does not qualify as a "federally related mortgage loan" under ]<ESP A,
(Q) "Successor in Interest of Borrower " means any party that has takell title to the Property, whether or not that
party has Jssumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note, For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as
nominee for Lender and Lender's successors and assiglls) and to the successors alld assigns of ¡vIERS, with power of
sale, the following described property located ill the
COUNTY of LINCOLN
¡Type of Recording Jurisdictionl [Nallle of Recording Jurisdicliou
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEfŒOF AS
EXHIBIT II A".
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Borrower Initials:
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wt.ich currently has the address of
160 GALLUP DRIVE
[Slreet]
ETNA
[City]
, Wyoming
83118
[Zip Code}
("Property Address"):
TOGETHER 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 "Properly."
Borrower understands and agrees that MERS holds ouly legal title to the interests granted by Borrower in this Security
Instrument, but, if necessary to comply with law or custom, MERS (as nOlllillee for Lender alld 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 Leu del' includiug, but nOllimited 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 aud 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,
Tl-IIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS, Borrower and Lender covenant aud agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Char ges, Borrower shall
pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late
charges due under the Note, Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due
under the Note and this Security 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 this Security Instrument be made in
one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certifìed check, bank check,
treasurer's check or cashier's check, provided any sllch check is drawn upon an institution whose deposits are insured
by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15, Lender may return
any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender
may accept any payment or 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 the future, bul 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 Borrower docs not do so within a reasonable period of
time, Lender shall either apply such funds or retuIll them to Borrower. If not applied earlier, such funds will be
applied to the 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 this 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 priurity: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3, Such payments shall b" applied to each Periodic
Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second
to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a suffìcient
amount to pay any bte charge due, the payment may be applied to the delinquent payment and the late charge, If
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more than one Periodic Payment is outstanding, Lender may apply any payment received from l3orrowl'r to the
repayment of the Periodic Payments if. and to the extent that, each payment can be paid in full. To the extent that
any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may
be applied to any late charges due. Voluntary prepayments shall be applied fìrst to any prepayment charges and then
as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note
shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the 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 the
Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance
required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any slims payable by Borrower
to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10,
These items are called "Escrow Items," At origination or at any time during the term of the Loan, Lemler may require
that Community Associatiun Dues, Fees, ¡Uld 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, BOITower shall pay Lender the Funds for Escrow Items unless Lender waives 130rrower's
obligation to pay the Funds for any or all Escrow Items, Lemler may waive Borrower's obligatiou to pay to Lender
Funds for any or all Escrow Items at any time, Any such waiver may only be in writing, Iu the event of such waiver,
Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
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, Rorrower'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
"covenant and agreement" is used in Section 9, If Borrower is obligated to pay Escrow Items directly, pursuant to
a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender ma)' exercise its rights under Section
9 and pay such amount and Borrower shall then be obligated umler 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 with Section
15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 3,
Lender may, at any time, collect and hold Funds in an amount (a) suffìcient to permit Lender to apply the Funds
at the time specifìed under RESP A, and (b) not to exceed the maximum amount a lender can require under RESP A,
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, instrumentality, or
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specifìed under TŒSP A, Lender
shall not charge Borrower for holding and applying the 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 reqnires interest to be paid on the Funds,
Lender shall not be required to pay l3urrower any interest or earnings on the Funds, Borrower and Lender Gill agree
in writing, however, that interest shall be paid on the Funds, Lemler shall give to Borrower, wi!hout charge, an
annual accounting of the Funds as required by RESP A,
If there is a surplus of Funds held in escrow, as defìned under RESP A, Lender shall account to Borrower for
the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defìned under IŒSP A,
Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make
up the shortage in accordance with RESPA, but in no mOle than 12 monthly payments. If there is a defìciency of
Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by I<ESPA, and Borrower
shall pay to Lender the amount necessary to make up the defìciency in accordance with RESP A, but in no more than
12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender.
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4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attrilJUtable to
the Property \vbich can attain priority over this Security Instillment, 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 them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over thh Secnrity 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 performing such agreement; (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 holder
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 the lien, Within 10 days of the date on which that notice is given,
Borrower shall satisfy the lien or take one or more of the actioJlS set forth above in this Section 4,
Lender may require Borrower to pay a one-time charge for a real estate tax veritìcation and/or reporting service
used by Lender in connectiun 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 the term "extended coverage," and any other hazards
including, but not limited to, earthquakes and noods, for which Lender requires insurance. This insurance shall he
maintained in the amounts (including deductible levels) and for the periods that Ll;!H!l;r requires. What Lender
requires pursuant to the preceding sentences can change during the term of the Loan, The insurance carrier providing
the 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 determination, certification and tracking services; or (b) a one-time charge for flood zone
determination and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification, Borrower shall also be responsible for the payment of
any fees imposed by the Federal Emergency Management Agency in connection with the review of any nood zone
determination 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 umler no obligation to purchase any particular tYPl; or amount
of coverage, Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's
equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater
or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the 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 additional debt of Borrower secured by this Security Instrument. These
amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such iuterest,
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 shall name Lender as mortgagee and/or as an
additional loss payee, Lender shall have the right to hold the policies and renewal certificates, If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiullls and renewal notices. If Borrower obtains any
form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of. the Property, such
policy shall include a standard mortgage clause and shall nallle Lender as mortgagee and/or as an additional loss
payee.
In the event of loss, Borrower shall give prompt notice to the insuraJlcc carrier and Lemler. Lender may make
proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance proceeds, whether or not the underlying insurance was required by Lender, shall bl; applied to restoration
or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened,
Duriug such repair and restoration period, Lender shall have the right to hold such insurance procel~ds uuti] Lender
has had an opportunity to inspect such Property to ensure the work has been completed to LeJldl~r'S satisfaction,
provided that such inspection shall be undertaken promptly. Lemler may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is ((JJlJpleted, Unless an agreement
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Borrower Initials: p),\ f:;
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is made in writing or Applicable Law requires interest t') be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower.
If the restoration or repair is not economically feasible or Lender's security would be lesst~ned, the insurance proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any. paid
to Borrower, Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, 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 negotiatl' and settle the claim, The 3D-day period will begin when the
notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise. Borrower hereby
assigns to l.ender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the 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 all insurance policies covering the Property, insofar as such rights
are applicable to the coverage of the Property, Lender may use the insurance proceeds either to repair or restore the
Property or to pay amounts unpaid under the Note or this Security 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 the execution of this Security Instrument and shall continue to occupy the Property as Borrower's
principal residence for at least one year after the date of occupancy. unless Lender otherwise 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,
damage or impair the Property, allow the Property to deteriorale or commit waste on the Property, Whether or not
Borrower is residing in the Property, Borrower shall maintain the Property in arde,r to prevent the Properly from
deteriorating or decreasing in value due to its condition, Unless it is determined pursuant to Section 5 that repair or
restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid furlher
deterioration or damage, If insurance or condemnation proceeds are paid in connection with damage to, (JI the taking
of, the Property. Borrower shall be responsible for repairing or restoring the Property only if Lender has released
proceeds for such purposes, 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, If the insurance or condemnation proceeds are not sumcient
to repair or restore the Property, Borrower is not relieved of Borrower's oLligation for the completion of such rejútÌr
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 the improvements on the Property, Lender shall give Borrower notice at the time
of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application, Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave
materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with
material information) in connection with the Loan, tvtlterial 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 perform the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that might significantly affect Lender's interest in (he Property and/or rights under this Security Instrument
(such as a proceeding in bankruptcy, probate, for cundemnation or forfeiture, for pnforcement of a lien which may
attain priority over this Security Instlllment or to enforce laws or regulations), OJ (l') Borrower has abandoned the
Property. [hen Lender may do and pay for whatever is reasonable or appropriate to protect Lender's inkrest in the
Property and rights under this Security Instrument, including protecting and/or assessing the value of [he Property,
and securing and/or repairing the PI operty, Lender's actions can include, but are not limited to: (a) paying any Stuns
secured Ly a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rigllts under this Sl'curity InS[¡uJlielll. including its s('Cllred
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
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Borrower Initials: Ô, \ ~
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WYOMINGnSingle FamilynFannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS
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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 uot taking any or all actions authorized under this Sectiou 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
SCClIrity Instrument. These amounts shall bear interest at the Note rate from the date of disburscmeut and shall be
payable. with such interest, upon notice from Lender to Borrower requesting paymeut.
If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of tbe lease. If
Borrower acquires fee title to the Property. the leasehold and the fee title shall not merge unless Lender ,Igrees to the
merger in writing,
10. Mortgage Insur ance. If Lender required Mortgage Insurance as a conditiou of making the Loan, Borrower
shall pay the premiums required to maintain the Mortgage Insurance ill effect. If. for allY reason, the Mortgage
Insurance coverage required by Lender ceases to be available from the mortgage insllrer tbat previously provided such
insurance and Borrower was required to make separately desiguated payments toward the premiulIls for 11,!ortgage
Insurance, Borrower shall pay tile premiums required to obtain coverage substantially equivalent to the Mortgage
Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage IlIsurance
previously in effect, from au alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage
Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated
payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurance, Such loss reserve shall be non, refnndable,
notwilbstanding the fact that the Loan is ul!irnately paid in full, and Lender shall not be required to pay Borrower allY
interest or earnings on such loss reserve, Lender can no longer require loss reserve payments if Mortgage Insurance
coverage (in the amount and for the period that Lemler relluires) provided by an insurer selected by Lender again
becomes available, is obtained, and Lender recluires separately designated payments toward the premiums for
Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay
the premiums required to maintain Mortgage Insurance in crfect, or to provide a nOll-refundable loss reserve, until
Lellder's requirement for Mortgage Insurallce ends in accordance with any written agreement between Borrower and
Lender providillg for such termination or until termination is required by Applicable Law. Nothing in this Section
10 affects Borrower's obligation to pay interest at the rate provided in the Note,
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur
if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to tÌJue, and may enter into
agreements with other parties that share or modify their risk, or reduce losses, These agreements are on terms and
conditions that are satisfactory to the mortgage iusurer and the other party (or parties) to these agreements. These
agreements may require the mortgage insurer to make payments using any source of funds [hat (he 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 reiJlsurer, any other
entity. or any affiliate of any of the 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
the mortgage insurer's risk. or reducing losses. If such agreement provides that an affiliate of Lender takes a share
of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arraugement 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 will not increase the amount Borrower will owe
for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage
Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right
to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the
Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums
that were unearned at the time of such cancellation or termination.
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WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT· MERS
Form 3051 1/01 Page 7 of 13
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11. Assignment ofMiscdlançous Pwceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to
and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,
if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair all(i
restoration period, Lender 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 IVork is completed, Unless an agreement is made in writing or Applicable
Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any
interest or eamings on such Miscellaneous Proceeds, If the restoration or repair is not economically feasible or
Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall
be applied in the order provided for in Section 2.
In the event of a total taking, destmction, or loss in value of the Property, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, jf auy, paid to
Borrower,
In the event of a partial taking, destruction, or loss in value of the Property in which the fair markd value of
the Property immediately before the partial taking, destruction, or loss in value is equal tu or greater than the amount
of the sums secured by this Security Iustrument immediately before the partial laking, destruction, or loss in value,
unless Borrower and Lender otherwise agree in writing, the sUlns secured by this Security IJlStrument shall be reduced
by th~ amonnt of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount uf the sums
secured immediately before the partial taking, destructiou, 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 shall be paid (II Borrower.
In the event of a partial taking, destruction, or loss in valu!' of the Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lendl'r otherwise
agree in writing, the Miscellaneous Proceeds shall be applied to the S111ns secured by this Security Instlll/uent whether
or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as
defined in the next sentence) offers to Illake an award to settle a claim for damages, Borrower fails to respund to
Lender within 30 days after the date the notice is given, Lender is authorized to coHect and apply the !\[isceHaneous
Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether
or not then due, "Opposing Party" means the third party that owes Borrower !"fisccllaneous Proceeds or the party
against whom Borrower has a right of action in regard to Mhccllaneous Proceeds,
Borrower shal1 be in default if any action or proceeding, whether civil or criminal, is begulI that, in Lender's
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property
or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate
as provided in Section 19, by causing the aclion or proceeding to be dismissed with a ruling that, in Lender's
judgrnent, precludes forfeiture of the Properly or other material impairment of Lender's interest in the Property or
rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the
impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not appUed to restoration or repair of the Property shall be applied in the
order provided for in Section 2.
12, Borrower Not Released; Forbearance By Lender Not a Waiver, Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any
Successor in Interest of BOlTower shall not operate to release the liability of Borrower or any Successors in Interest
of Borrower. l.ender shall not be required to commence proceedings against any Sucu,ssor in Interest of Borro\\l~r
or to refuse to extend time for payment or otherwise modify amortization of the sllIns 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
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WYOMING--Single Family,-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS
Form 3051 1/01 Page 8 of 13
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payments from tLird per~ons, entities or Successors in Interest of Borrower or in amounts less than the amount then
due, shall not be a waiver of or preclnde the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound, Borrower covenants and agrees
that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security
Instrument but does not execute the Note (a "co'signer"): (a) is co-signing this SecurHy Instrument only to mortgage,
grant and convey the co-signer's interest in the Property under the terms of this SecurHy Instrument: (b) is not
personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other
Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security
Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing. dnd is approved by Lender, shall obtain all ofBo!Tower's rigbts
and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations awl liability
under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this
Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges, Lender may charge Borrower fees for services performed in connection with Borrower's
default, for the purpose of protecting Lender's interest in Ùle Property and rights under this Security Instrument,
including, but not limited to, attorueys' fees, property inspection and valuation fees, In regard to any other fees, the
absence of express authority in this Security Instrument to charge a specific fee to Borrower shal\ not be construed
as a prohibition on the charging of such fee, Lender may not charge fees that are expressly prohibHed by this Security
Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
interest or other loan charges collected or to be col\ected in connection with the Loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by (he amount necessary to reduce the charge to the permitted 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 the Note or by making a direct payment
to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge (whether or not a prepayment charge is plOvided 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 B(J!'(,()wt~r 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 with this Security Instrument shall be deemed to have been given (0
Borrower when mailed by first 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 the 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
specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address
through that specified procedure. There may be only one designated notice address under this Security Instrument
at 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 another address by notice to Borrower. Any notice in connection
with this Security Instrument 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 undpr Applicable Law, the Applicable Law
requirement will satisfy the corresponding requirement under this Security Instrument.
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 the parties to agree by contract or it might be silent, but such silence shall not be
construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security
Instrument or the Note conf1icts with Applicable Law, such conflict shall not affect other provisions of this Security
Instrument or the Note which can be given effect without the conflicting provision,
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WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT, MERS
Form 3051 1/01 Page 9 of 13
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As used in this Security Instrumer.t: (a) words of the masculine gender shaj] mean and include corresponding
neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice
versa; and (c) the word "may" gives sole discrl'lion without any obligation to take any action,
17. Borrower's Copy, Borrower shall be given one copy of the Note and of (his Security Instrument.
18, Transfer of the Property or a Beneficial Interest in Borrower, As used in this Section 18, "Inluest in
the Property" means any legal or beneficial interest in the Property, including, but not limited to, those benefìcial
interests transferred in a bond for deed. contract for deed, installment sales contract or escrow agreement, the intpnt
of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in ¡he Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lemler's prior written cOllsellt,
Lender may require immediate payment in full of all SUIHS secured by this Security Instrument. However, this 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 than 30 days from the date the notice is given in accordance with Section 15 within 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 permitted by this Security Instrument without furlher notice ur demand
on Borrower,
19. Borrower's Right to Reinstate After Acceleration, If Borrower meets certain conditions, Borrower shall
have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)
five days before sale of the Property pursuant to any power of sale cOlltained in this Security Instrument; (b) such
other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a
judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which
then would be due under this Security Instrument and the Note as if no acceleration had occulTed; (b) cures any default
of any other covenants or agreements; (c) pays all expenses incurred in enfurcing this Security Instrumelll, including,
but not limited to. reasonable attorneys' fees. property inspection and valuation fees, and other fees illculTed for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such
action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security
Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more ufthe following forms,
as selected by Lender: (a) cash; (b) money order; (c) certified check. bank check. treasurer's check or cashier's check,
provided any such check is 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 if no acceleration had occurred, However, this right to rcinstate shall
not apply in the case of acceleration under Section 18.
20, Sale of Note; Change of Loan ServiceI'; 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 ullller 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 the Loau 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 \ViII
state the name dnd address of the new Loan Servicer, the address to which payments should be made and any other
information RESP A requires in connection willi a IIOtice of transfer of servicing, If the Note is sold and thereafter
the Loan is serviced by a Loan ServiceI' other than the purchaser of [he Note, the mortgage loan serviring 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.
Neiiher Borrower nor Lender may commence. join, or be joined to any judicial action (as eiiher an individual
litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrunll'nt or that
alleges that the other party has breached any provision of, or any duty O\,'ed by reason of, this Security Iustrument,
until such Borrower or Lender has notified the other party (with sl~ch notice given in compliance with the requirellil:nts
of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such
notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action
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-- -
WYOMING"Single Family"Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS
Form 3051 1/01 Page 10 of 13
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can be taken, that time period will be deemed to be reasonable for purposes of this paragraph, The notice of
acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given
to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and 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
defìned as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:
gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
materials containing asbestos or formaldehyde, and radioactive materials; (h) "Environmental Law" means fed(~ral
laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection;
(c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defìned in
Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute [0, or
otherwise trigger an Environmental Cleanup,
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Suhstances,
or threaten to release any Hazardous Substances, on or in the Property, Borrower shall not do, nor allow anyone else
to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an
Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a
condition that adversely affects the value of the Property. The preceding two sentences shall nul apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized
to be appropriate to normal residential uses and to maintenance of the Property (including, 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 bas actual knowledge, (b) any Environmental Condition, including but not
limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Suhstance, and (c) any
condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the
Property, If Borrower learns, or is notifìed by any governmental or regulatory authority, or any private party, that
any removal or other remediation of any Hazardous Suhstance affl~cting 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,
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 Secur ity 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 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. If the
default is not cured on or before the date specified in the notice, Lender at its option may require imml.Odiate
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 ill 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 legally entitled to it.
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Borrower Initials: ß, \\~; / Ail l~/
--~--
WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT, MERS
Form 3051 1/01 Page 11 of 13
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23. Release. Upon payment of all sums secured by this Security Instrrment, Lender shall release this 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 third party for services rendered and the charging of the fee is permitted
under Applicable Law.
24. Waivers, Borrower releases and waives aJl rights under and by virtue of the homestead exemption laws
of Wyoming.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it.
01-
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BARBARA J. EISCHEN
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- Borrower
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CHRISTOPHER M. DELGADO
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-Borrower
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-Borrower
(Se~¡)
- Borrower
(Seal)
-Borrower
(Seal)
- Borrower
Witness:
Witness:
WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMErJT - MERS
Form 3051 1/01 Page 12 of 13
DocMagic eD'.iiir.ilif>i,'j 800-649,1302
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State of Wyoming
County of LINCOLN
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The foregoing instrument was acknowledged before me by BARBARA J. EI SCHEN ,
CHRISTOPHER M. DELGADO
this
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Witness my hand and official seal.
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WYOMINGuSingle Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS
Form 3051 1/01 Page 13 of 13
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FOlm No, 330 I (6/00)
Short Furm Commitment, EAGLE
SUPER EAGLE
ORDER NO ]]95316
FILE NO 3395316
LENDER RliF 157064
Exhihit "A"
The lanel referred to in this policy is situated in the STATE OF WYOMING, COUNTY OF
LINCOLN, CITY OF ETNA, and described as f()llo\Vs:
LOT 1R6 OF NORDIC RANCHES DIVISION NO, 13, LlNCOLN COUNT\', WYOivl1NCì AS DESCRIBED
ON THE OFF1CI¡\L PLAT THEREOF,
APN# 12-3619-23-3-00-172.00
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STATE OF: {, LI/J//ULi,
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COUNTY: ..~ ii\..' (Li-'i/t '
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On Ii"!t.:. j": ,_,,~~ore me, /_l. //1. j)/-t / I' ! < i/~:, /"'_.1
Personally appeared . 'il: ~ I.:.' t't. 1/ {..";,' ,;-(. J, ( f, "i
~. personally kuown to' me (or providl::J
to me on the basis of satisiàctory evidence) to be the person(s) whose name(s) is/~c
subscribed to the wiU1Ín instrument and ack:llowlcdge to me that he/sheí'1hejexecuted the
same in his/heliílíêlr-:lu1horized capacitý(ìes];and timt by hislhc11flïeir-signature(s) on the
instrument tile person(s) or tile entity upon b~half of which tile person(5) acted, execuled
the instTwnent.
'Vitness my hand and official seal.
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Signature / '-hi I ///'/t
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Affix Stamp of Seal Here
Tille of Documcnt: Dced of Trust/Mortgage
Date of Document: ii /," '( -,
Other signatures not ackJlowiedged .:\, .';, '. ,
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lY~ M. HW!V
Nóî.:ny ...~
~ COUt¡¡y
WYO¡nioG
MÿCoot~~~ 1¡.~
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No, of Pages
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