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WFHM FINAL DOCS X9999-01M
1000 BLUE GENTIAN ROAD
EAGAN, MN 55121
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Prepared By:
WELLS FARGO BANK, N.A.
RECEIVED 12/7/2005 at 3:54 PM
RECEIVING # 914288
BOOK: 607 PAGE IQ3
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
1919 DOUGLAS" OMAHA, NE
681010000
(Span' Above Tlùs Line For Re('onling Datal
MORTGAGE
DEFINITIONS
Words used in multiple 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 words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated DECEMBER 02, 2005
together with all Riders to this document.
(8) "Borrower" is RONALD GALE HADERLIE AND LAYNA J. HADERLIET HUSBAND AND WIFE
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is WELLS FARGO BANK, N .A.
Lender is a NATIONAL ASSOCIATION
organized and existing under the laws of THE UNITED STATES
0061441408
WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3051 1/01
~ ·6{WYJ 100051 D \ .
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VMP MORTGAGE FORMS· 1800J521.li~
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Lendc:r'saddressis P.O. BOX 103041 DES MOINES1 IA 503060304
Lender is the mortgagee under this Security Iustrument.
(D) "Note" means the promissory note sigued by Borrower and dated DECEMBER 021 2005
The Note states that Borrower owes Lender ONE HUNDRED THIRTY TWO THOUSAND TWO HUNDRED
SEVENTY THREE AND 00/100 Dollars
(U .S. $ ** ** 13 2/273.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Paymeuts and to pay the debt in full not later than DECEMBER 011 2020
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property. "
(F) "Loan" means the debt evidenced by ùle Note, plus interest, any prepayment charges and late charges
due under Ùle Note, and all SUIns due under this Security Instnnnent, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
s
o Adjustable Rate Rider
o Balloon Rider
OVA Rider
o Condomiuiul1l Rider 0 Second HaBle Rider
o Planned Unit Development Rider 0 1-4 Family Rider
o Biweekly Payment Rider 0 Other(s) [specify]
(II) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (ùlat have Ùle effect of Jaw) as well as all applicable tinal,
non-appealabJe judicial opinions.
({) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges ùlat are imposed on Borrower or the Property by a condominiulll association, homeowners
association or sinúlar organization.
(J) "Electronic Funds Transfer" means any transfer of funds, oÙrer than a transaction originated by
check, draft, or similar paper instnunent. which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or aUÙlOrize a tinancial institution to debit
or credit an account. Such term includes, but is not limited to, point-or-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, Ùle 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
v¡due and/or condition of ùle Property.
(1\1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under Ùle
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U,S,C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F .R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in ù1Ïs Security Instmment, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
Q -6(WY) 10005)
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(P) "Successor in Interest of Borrower" means any party thal has taken titk to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or ùlis 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
moditications of tile Note; and (ii) tile performance of Borrower's covellllllts and agreements under this
Security rnstnunent and the Note. For this pllJ}Jose, Borrower does hereby mortgage, grant and convey to
Lender and Lender's successors and assigns, with power of sak, the following described property Jocated
in the COUNTY of LINCOLN
[Type of Recording Jurisdictionl [Naluc of Recordiug Jurisdiction]
SEE ATTACHED LEGAL DESCRIPTION
Parcel ID Number: 12321830302018.00
240 MADISON ST
AFTON
(" Property Address "):
which currently has the address of
(Slreet]
[City] , Wyoming 83110 [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on Ùle property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by ùlis Security Instrument. All of the tè1regoing is refc:rred to in this
Security rnstnllnent as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed allcl has
the right to mortgage, grant and convey Ùle Property and that Ùle Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally Ùle title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenanlS for national use and non-Ilnifonn
covenants WiÙI limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follO\vs:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, anti Late Charges.
Borrower shall pay when due ùle 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 Instnnnent shall be made in U.S.
eunc",y - 110w",,-, if "'y check 0' otl",- ;ost",m"" n,,,i,,d by Leod" "'~["" ood" thc Note tH this
C®-6{WY) 100051 Page 3 of 15 Inlllals -::J¡k Form :;051 1/01
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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) 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 agel1cy, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Nok 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 insufticient to
bring the Loan current. Lender may accept any payment or partial payment insurticient 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, 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
Ùle Loan current. If Borrower does not do so within a reasonabJe period of time, Lender shall either apply
such funds or return Ùlem to Borrower. If not applied earlier, SUdl funds will be applied to the outstanding
principal balance under Ùle Note immediately prior to foreclosure:. No offset or claim which Borrower
might have now or in Ùle future against Lender shall rdieve Borrower frOln making payments due under
the Note and this Security Instnnnent or performing Ùle covenants and agreements secured by this Security
I nstnunent.
2. Application of Payments or Proceeds. Except as oÙlerwise described in Ùlis Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under Ùle Note; (b) principal due under the 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 first to late charges, second to any other amounts due unda this Security InstnJJuent, and
then to reduce the principal balance of the Note.
If Lender œceives a payment from Borrower for a delinquent Periodic Payment which includes a
sufticient amount to pay any late charge due, Ùle payment may be applied to the delinquent payment and
Ùle late charge, If lUore than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to Ùle repayment of the Periodic Payments if, and to the extent Ùlat, each payment can be
paid in full. To Ùle extent that any excess exists after Ùle payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items, Borrower shall pay to Lender 011 the day Periodic Payme:nts are due
under Ùle Note, until the Note is paid in full, a sum (Ùle "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Sècurity Instrument as a
lien or encumbrance on Ùle Property; (b) leasehold payments or ground rents OJ! the Property, if any; (c)
premiums for any and all insurance required by Lender unde:r Section 5; and (d) Mortgage: Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payme:JIt of tvfortgage
Insurance premiums in accordance wiùl the provisions of Section 10. These items are calJed "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender Ùle Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may onJy be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payahle:, the amounts
Q ·6(WY) 100051
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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.
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 "covenant and agreelllèllt"
is used in Section 9. If Borrower is obligatc:d to pay Escrow Itc:JJlS directly, pursuant to a waiver, and
Borrower fails to pay the amount due for all Escrow Item, Lendc:r may exercise its rights umkr Sc:ction 9
and pay such amount 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 Itc:ms 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) sufticic:nt to permit Lender to apply
Ùle Funds at Ùle time specified 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 tile basis of current data and
reasonable estimates of expenditures of future Escrow Ttems or otherwise in accordance Witll 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 insti tution whose deposits are so insured) or in
any Federal Home Loall Bank. Lender shall apply ùle Funds to pay ùle Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying Ùle Funds, annually
analyzing the escrow account, or verifying Ùle 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, Leuder shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender cau agree in writing, however, that interest
shall be paid on ùle Funds. Lender shall give to Borrower, without charge, an annual accounting of Ùle
Funds as required by RESP A.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender ùle amount necessary to make up the shortage in accordance Witll RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defiued uuder RESP A, Lender shall
notify Borrower as required by RESPA, and Borrower shaH pay to Lender the amount necessary to make
up Ùle deticiency in accordance with RESPA, but in no more than 12 monùlly payments.
Upon payment ill full of all sums secured by this Security Instrument, Lender shan promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over [his 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 ù¡ese items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priurity over ù1Ìs Security Instrument unless
Borrower: (a) agrees in writing to Ùle payment of the obligation securecl 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 L.ender'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 tile holder of lhe lien an agreement satisfactory to Lender subordinating
tI¡e lien to tllÍs Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instmment, Lender may give Borrower a notice ideuti(ying tile
o -6(WY) 100051
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lien, Within 10 days of the date 011 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 veri tication and/or
reporting service used by Lender in cOJU1ection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by tire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and Hoods, for which Lender requirts insurance.
This insurance shall be mailltained in the amounts (including deductibk levels) and for the periods that
Lender requires. What Lender rtquires pursuant to the preceding sentem:es can change during the term of
the Loan. The insurance carrier providillg the insurance shall be chosen by Borrower subject to Lemler's
right to disapprove Borrower's choice, which right shall not be exercised umeasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a oue-time charge for t100d zone
determination, certitication and tracking services; or (b) a one-time charge for tlood zune determination
and certitication services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certitication. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency ìvfanagement Agency in connection with the
review of any t100d zone deternullation 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 ob]igation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but nught or might
not protect Borrower, BoiTower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage Ù1an was previously in effect. Borrower
acknowledges ù1at the cost of the insurance coverage so obtained might signi ticantly exceed the cost of
insurance ù1at Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by ù1is Security Instrument. These amounts shall bear interest
at ù1e Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lellder to Borrower requesting payment.
All insurance policies required by Lender alld 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
certiticates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal lIotices. If Borrower obtains any form of insurance coverage, lIot oÙ1erwise required by Leuder,
for damage to, or destruction of, Ù1e Property, such policy shall include a standard mortgage clause and
shallnllme Lender as mortgagee and/of as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insufance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Ulùess Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration Of repair of the Property, if ù1e restoration or repair is ecoJlomically feasihle and
Leuder'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 rmperty to ensure ù1e
work has been completed to Lender's satisfaction, provided Ù1at such inspection shall be undertaken
promptly, Lender nllìy disburse proceeds for the repairs and restoration in a singJe payment or in a series
of progress payments as Ù1e work is completed. Unless an agreement is nlllde in writing or ApplicabJe Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or other Ù1ird parties, retaiued by
Borrowef shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
Ù1e restoration or repair is not economically feasible or Lender's security would be ]essened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, wheÙ)er or not Ù1en due, with
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the excess, if any, paid to Borrower. Such insuranCè proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lender may tile, negotiate ancl settle any available insurance
claim and related matters. If Borrower does not respond within 30 clays to a llotiCé from Lender that Ùle
insuranCé carrier has offered to sdtle a claim, then Lender may lH:gotiate and sdtle tile claim. The 30-day
period will begin when the notice is given. In eiÙler event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to allY illsuranCé
proceeds in an amount not to exceed the amounts uupaid umler the Note or this Security Jnstnllllent, and
(b) any other of Borrower's rights (other than ùle right to any refund of unearned premiulUs paid by
Borrower) under all insurance policies covering lhe 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 Ùle 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 wiù1Ïn 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 \llIless extenuating
circulllstances exist which are beyond Borrower's control.
7. Preservation, .Maintenance and Protection of the Property; Insptctions. Borrower shall not
destroy, damage or impair the Property, allow Ùle Property to deteriorate or commit waste on the
Property. WheÙler or not Borrower is residing in [he Property, Borrower shall maintain the Property in
order to prevent the Property from deteriol.lting or decreasing in value due to its condition. Ullless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair Ùle Property if damaged to avoid further deterioration or damage. If insurance or
cOlldelUllatioll proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be respoIlsibk for repairing or restoring the Properly 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 ùle work is completed. If the insuralll:e or condenUlatioll proceeds are not sufticient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completioIl of
such repair or restoratioIl.
Lender or its agent may make reasonable entries upon and inspections of the Property. Jf it has
reasonable cause, Lender may inspect the interior of the improvements on Ùle Property. Lellder shall give
Borrower notice at the time of or prior to such an interior illspection specifying such reasollable cause.
S. 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 Of" statements to Lender
(or failed to provide Lender with material information) in connection WiÙI the Loan. tl'faterial
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 Propel"ty and Rights Under tl,is Security Instnllnent. If
(a) Borrower fails to perform ùle covenants and agree¡Hents contailled in this SeCllrity Jnstrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under
ùlÌs Security Iustrument (snch as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which lllay attain priority over ù1is Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do amI pay for whate\'er is
reasonable or appropriate to protect Lender's interest in ùle Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, anel securing and/or repairing
the Property. Lender's actions Can include, but are not limited to: (a) paying any Stllns secured by a lien
which has priority over ùlÌs Security Instrument; (b) appearing in court; and (c) paying reasonable
C -6(WY) (0005)
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attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding, Securing the Property includes, lJlrt is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
Any amounts disbursed by Lender under ùlis Section 9 shall become 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, WiÙl such interest, upon notice from Lender to Borrower requesting
payment.
If ù1Ìs Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to ùle Property, ùle leasehold and the fee title shall not merge unless
Lender agrees to ù1e merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of waking the Loan,
Borrower shall pay ùle premiums required to maintain ù]e Mortgage Insurance in effect. If, fur any reason,
ùle Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward Ûle premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the J"fortgage Insurance previously in effect, at a cost substantially
equivalent to ÙH~ cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of J"fortgage Insurance, Such loss reserve shall be
non-refundable, notwithstanding the fact ùlat the Loan is ultimately paid in fuJI, and Lender shall not be
required to pay Borrower any inlt:rest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is oblain<::d, and Lender requires
separately designated payments toward the premiums for Mortgage lusurance. If Lender required l"fortgage
Insurance as a condition of making ùle Loan and Borrower was requin:d to make separately designated
payments toward Ùle premiums for Mortgage Insurance, Borrower shall pay tile premiums required to
maintain Jvfortgage Insurance in effect, or to provide a non-refundable loss reserve, until Leuder's
requirement for Mortgage Insurance ends in accordance with any writteu agreement between Borrower aud
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at Ùle rate provided in the Note.
¡\'lortgage Insurance reimburses Lender (or any entity that purchases ùle Note) fur certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage
Insurance.
Mortgage insurers evaluate ùleir total risk on all such insurance in force from time to time, and may
enter into agreements with oÙler parties that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are satisfactory to Ùle mortgage insurer and Ù1e other party (or parties) to
Ùlese agreements. These agreements may require the mortgage insurer to make paymellts using any source
of funds that ùle mortgage insurer may have available (which may include funds obtaiœd from Mortgage
Insurance premiums).
As a result of Ù1ese agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any oÙler entity, or any aftilia(e 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 tìJr Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
provides Û¡at an aftïliate of Lender takes a share of the insurer's risk in exchange for a share of the
premiums paid to ùle insurer, Ùle arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements wiII not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not inn'ease the amount
Borrower will owe for Mortgage Insurance, and they wiII not entitle Borrower to any refund.
Illitials£k._ - fi./Ji
.¿jl Form 3051 1/01
cD ·6(WY) (0005)
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Page 8 of 15
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(b) Any such agreements will not affect the rights Borrower has - if any - with respect (0 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 ohtaill cancellatioll of the
Mortgage InsUl-allce, 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 01-
termination.
11. Assignment of l\JisceIlaneous Proceeds; Forfeiture. All Miscellaneous Proceèds are hèreby
assigned toand shall be paid to Lender.
If Ùle Property is damaged, such tvliscellaneous Proceeds shall be: applied to rc:storation or repair of
the Property, if Ùle restoration or repair is economically feasible and Lender's securi ty is ]Jot lc:ssened.
During such repair and restoration period, Lendc:r shall have the right to hold such Miscc:lJaneous Procc:eds
until Lendc:r has had an opportunity to inspect such Property to ensure the work has heen comp1c:tc:d 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 ill a sèfic:s of progress payments as the: work is
completed. Unless an agreement is made in writing or Applicable Law requires intèfèst to be paid on such
Miscellaneous Proceeds, Lender shall not be rèqniree! tn pay Borro\\'tr any iuterest or earnings on such
Miscellaneons Proceeds. If ù1e restoration or rc:pair is not economically kasibk or Lender's security would
be lessened, the !vtiscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
wheù1er or not ù1en due, with Ùle excess, if any, paid to Borrower. Such tvliscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security InstrumeJlI, whdher or not then due, with
the excess, if any, paid to Borrower.
In ù1e event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, clesllliL(jon, or loss in value is equal to or
greater ùlan the amount of the sums secured by this Security Instrument immediately before the partial
taking, destmction, or Ioss in value, unless Borrower ane! Lemler otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellanèous Proceeds
multiplied by the following fraction: (a) tbe total amount of the sums securc:d immediately before ù1e
partial taking, destruction, or loss in value divided by (b) the fair market valœ of the Property immediately
before Ù1e partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Propnty in which (!ie fair market
value of the Property immediately before Ù1e partial taking, destruction, or loss in value is kss thail Ù1e
amount of the sums secured immediately bd'ore the partial taking, destmction, or loss in value, unless
Borrower and Lender otherwise agree in writing, Ù1e Ivliscellaneous Proceeds shall be applièd to the stuns
secured by ù1Ís Security Instrument wheù1er or not Ù1è Stuns are then due.
If ù1e Property is abandoned by Borrower, or if, after notice by Lènder to Borrower that tbe
Opposing Party (as detìned in Ù1e next sentence) offers to make an awarcl to settle a claim for damages,
Borrower fails to respond to Lenckr wiÙ1in 30 days after Ù1e date the notice is given, Lender is authorized
to collect and apply ùle Miscellaneous Proceeds either to restoration or rtpair of the Property or to the
sums secured by this Security Instrument, whethn or not then due. "Opposing Party" means the third party
that owes Borrower tÆscellaneous 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 Ùle Propèrty or otller material impairment of Lender's
interest in ù1e Property or rights under this Security Instrument. Borrower can cure such a cld'ault and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
dismissed with a ruling Ù1at, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security lustrument. The proceeds of
any award or claim for damages Ùlat are attributable to [lie impairment of Lemler's interest in the Property
are hereby assigned and shall be paid to Lender.
All tvIiscellaneous Proceeds ù¡at are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
Q -6(WY) I0005}
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12. Borrower Not Released; FodJearance By Lender Not a 'Vaiver. Extension of Úle time for
payment or modification of amortization of the sums secured by úlÎs Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borruwèf
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 Úle sums secured by this Security rnstmment 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 paYll1euts ÌÌ"OUl third persons, entities or
Successors in Interest of Borrower or in amounts less than the amount Últn due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs úÚs Security Instmment but does not execute the Note (a "co-signer"): (a) is co-signing this
Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the
terms of úÚs Security Instrument; (b) is not personally obligated to pay the sums secured by úlis Security
Iustmment; and (c) agrees Úlat Lender and any oÚler Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instnuneut or Úle Note without Úle
co-signer's consent.
Subject to Úle provisions of Section ] 8, any Successor in Interest of Borrower who assumes
Borrower's obligations under úÚs Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this 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 biud (except as provided in
Section 20) aud 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 Úle purpose of protecting Lender's interest in ùle Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and va]uation fees.
In regard to any other fees, Úle absence of express aUùlOrity in this Security InstnuneIlt to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not cilarge
fees Úlat are expressly prohibited by this Security Instnunent or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is tinally interpreted so
Úlat the interest or oùler loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, Ú1en: (a) any such loan charge shall be reduced by the amount necessary to reduce ùle
charge to Ùle permitted limit; and (b) any sums already collected ÍÌ'om Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing ùle principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under Ùle 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 witl! this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
have been given to Borrower when mailed by first class mail or wilen 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 specities a procedure for reporting Borrower's
change of address, Ú1en Borrower shall only report a change of address Úmmgh that specitied procedure.
There may be OIÙY one designated notice address under ù1Ís Security Instrument at anyone time. Any
notice to Lender shall be given by delivering it or by Iwriling it by first class mail to Lender's address
stated herein mùess Lender has designated anoÚler 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 under f\pplicabJe
Law, the Applicable Law requirement will satisfy Úle corresponding requirement under this SecurityInslnnnen!. n \ _
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cD -6(WY) 10005} Page 10 of 15 _ v Form 3051 1/01
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16. Governing Law; Severability; Rules of Construction, This Security Instrument shall be
governed by federal law and the law of the jurisdiction ill which the Property is located. All rights and
obligations contained in this Security Instmment are subjéct to any réquiréménts and limitations of
Applicabk Law. Applicable Law might explicitly or implicitly allow thé parties to agféé by contract or it
might bé si!ént, but such silence shall not be construéd as a prohibition against agreemént by contract. In
thé eVént that any provision or clause of this Sécurity Instrnment or the Note connicts with Applicablé
Law, such connict shall not affect other provisions of this Sécurity Instl1lment or thé Noté which can be
given efféct without the counicting provision.
As used in this Security Instrnment: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the teminine gender; (b) words in the singular shall mean and
inc;lude thé plural and vice versa; and (c) the word "may" givés soJe disLretion without any obligation to
take any action.
] 7. Borrower's Copy. Borrower shall be given one copy of the Noté and of this Security Instrultlent.
18. Transfer of the Propel'ty or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or bénc;ticial intérést in thé Property, including, but not limited
to, those beneticial interests transferred in a bond for déed, contract for deed, installment sales contract or
escrow agreemént, the intent of which is Ùle transfer of titk by Borrower at a future date to a purchaser.
If all or any part of Ùle Property or any Interest in the Property is sold or transkrred (or if Borrower
is not a natural person and a beneticial interest in Borrower is sold or transferréd) witJlOut Lender's prior
written consent, Lender may requiœ immediate paymeut in full of all slims secured by this Sécllrity
Instrnmeut. Howevéf, this option shall not be éxercised by Léndér if such eXércise is prohibited by
Applicable Law.
If Lendér exercises ùlis option, Lender shall give Borrower notiCé of accé!eration. Thé notice; shall
provide a period of not less Ùlan 30 days frum the date Ùle notice is given in accordanCé with Séction 15
within which Borrower must pay all SUIns secuféd by this Security Instrument. If Borrowéf fails to pay
these sums prior to the expiration of this périod, Lénder Illay invoké any rémédies permitted by tJ1Ìs
Security Instrnment WiÙlout furÙler notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleratiou. If Borrowér meets ce;rtain conditions,
Borrowéf shall have the right to have énforcement of this Security r IIstrument discontinued at any timé
prior to Ùle éarIiést of: (a) IÏve days before sale of the Property pursuant to any POWér of sale containécl in
this Sécurity Instmment; (b) such oÙler period as Applicablé Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing tllÌs Sécurity Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would bé due under this Security
Instmment and Ùle Note as if no acceleration had occurred; (b) CuréS any default of any other covenants or
agreements; (c) pays all expenses incurréd in énforcing this Security Instrument, incluclillg, but not lilllited
to, reasonab!é attorneys' fées, property inspection and valnation fÚs, and ot]¡er fees incurred fur the
purpose of protecting Lender's interest in thé Property and rights uJllkr this Security Instrumént; and (d)
takes sllch action as Lender may reasonably require to aSSllfé that Lénder's intéfést in the Property and
rights under ù1Ïs Security Instrument, and Borrower's obligation to pay the sums secured by this SéL'urity
Instrumént, shall continue unchanged. Lender may requiré Ùlat BorrowéI' pay sllcll réinstatement SlUllS and
expenses in one or more of Ùle following forms, as sdectéd by Lendér: (a) cash; (b) money order; (c)
certifiéd c]¡eck, bauk check, treasurer's check or cashier's chéck, provided allY such check is drawn upon
an institution whosé deposits are insured by a federal ageucy, instrumentality or entity; or (d) E!éctrouic
Funds Transfer. Upon œinstatement by Borrower, this Security Instrument aile! obligations secured hereby
shall remain fully c;ffective as if no acceleration had occurred. However, this right to réillstaté shall not
apply in Ùle case of acceleration lInda Séction 18. .
20. Sale of Note; Change of Loan Servicerj Notice of Grievance. The Note or a partial interest in
Ùle Note (togeÙler with Ùlis Security Instrument) can bé sold one or more times without prior notiec; to
Borrower. A sale might result in a change in Ùle entity (known as thé "Loan Sérvicer") that colkcts
Periodic Payments due under the Note and this Security Instrument and performs other mortgagé loan
sérvicing obligations under the Note, this SecllrityTnstrument, and Applicable Law. There also Illight bé
one or more changes of Ùle Loan Servicer unrelatéd to a sale of the Noté. If there is a changé of tllé Loan
Servicer, Borrower will be given written notice of Ùle change which will state the name ami address of the
new Loan Servicer, Ùle address to which paymt.:nts should be made aIJ(! any other information RESPA
Inltialsj~ A.
~ Form 30511/01
G -6{WY) (00051
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requires in connection with a notice of transfer of servicing, If the Note is sold and thereafter the Loan is
serviced by a Loan ServiceI' other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan ServiceI' or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, ùlis Security Instrument, until such Borrower or Lender has notified the other party (with such
notice given in compliance WiÙl Ùle requirements of Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of sllch notice to take corrective action. 11'
Applicable Law provides a time period which must elapse before certain action can be taken, Ùlat time
period will be deemed to be reasonable for purposes of ù1Ìs paragraph. The notice of acceleration and
opportUlùty 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 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 ÙlOse
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and Ùle
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of Ùle jurisdiction where the Property is located that
relate to healùl, 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 shall not cause or pernùt the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in Ùle 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 rdease of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
two sentences shall not apply to Ùle presence, use, or storage on Ùle Property of small quantities of
Hazardous SubstanCès Ùlat are generally recognized to be appropriate to normal resideutial uses and to
maintenance of Ùle Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notiCè of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving Ùle Property and any
Hazardous Substance or Environmental Law of which Borrower has actual 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 Ùle presence, use or release of a
Hazardous Substance which adversely affects Ùle value of the Property. If Borrower learns, or is noti tied
by any governmental or regulatory authority, or any private party, that any removal or uther remediation
of any Hazardous Substance affecting Ùle Property is necessary, Borrower shall promptly take alluecessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an EnvirolUllental Cleanup.
~ -6(WY) 10005)
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Page12of15
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NON-UNIFORM COVENANTS. Borrower and Lende'· further covenant and agree as foJlows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's "reach of an)' covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specif)': (a)
the default; (b) the action required to cure the default; (c) a dale, 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 SUIlIS 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 Ihe non-existence of
a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or
before the date specified in the notice, Lender at its option may require immediate payment in full of
all sums secured by this Security Instrument without further demand and may invoke the power of
sale and any other remedies permitted by A pplicable 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] 5. Lender shall
publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable
Law, Lender or its designee may purchase the Property at an)' sale. The proceeds of the sale shall be
applied in the following order: (a) to all expenses of the sale, including, 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.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this
Security InstnlInent. Borrower shall pay any recordation costs. Lender may cl¡arge Borrower a fee for
releasing this Security Instrument, but only if tile fee is paid to a tilird party for services rendered and the
charging of tile fee is permitted under Applicable Law.
24. \Vaiyers. Borrower releases and waives all rights under and by virtue of the homestead
exemption laws of Wyoming.
~ ·6(WY) 100051
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BY SIGNING BELOW, Borrower accept: and agrees to ÙJ terms and covenants contained in this
Security Instrument and in any Rider executed b ' Borrower and reco kd with it.
Witnesses:
- BnrnJ\ver
(Seal)
-Borrower
(Seal)
(Seal)
·BolTower
- n"lTower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
(Seal)
-Borrower
- Borrower
C-6{WY) (0005)
®
Form 3051 1/01
Page 14 of 15
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STATE OF WYOMING,
Lincoln County ss:
The foregoing instrument was acknowledged before me this 2nd day of December, 2005
by RONALD GALE HADERLIE AND LAYNA J. HADERLIE
My Commission Expires:
9-15--07
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¡""lary Public /
GLORIA K 8YER~ - NOTARY PUBLlO
County of ¿~~~ State f
Uncoln ~ WYOmj~9
My CommIssIon Expires Sept. 15, 2001
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Part of Lot 1 of Block 10 of the Afton Townsi te, Lincoln
County, Wyoming being more particularly described as follows:
Beginning at the Southeast Corner of said Lot 1 and running
thence West 20 rods;
thence North 11.5 rods;
thence East 20 rods;
thence South 11.5 rods to the point of beginning.