Loading...
HomeMy WebLinkAbout914419 (/l ' r / (" /-. n r', 0 1 " ' , · I :J J \..,1 ""- ,) ~ .J v After Recording Return To: FIRST NATIONAL BANK - WEST PO BOX 3110 RECEIVED 12/13/2005 at 4:10 PM RECEIVING # 914419 BOOK: 607 PAGE: 391 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ALPINE, WY 83128 ATTN: PENNY JONES [Space Above This Line For Recording Data) MORTGAGE DEFINITIONS HILTON LOAN #: 106088238 MIN: 100015700059279246 I ( Words used in multiple sections of this document are defmed belO\v 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. (.Ii I,;...... /': ! Ii j \,A.. '.,¡J (A) "Security Instrument" means this document, which is dated OCTOBER 11, 2005 together with all Riders to this document. (B) "Borrower" is MARK HILTON & LACY HILTON, HUSBAND AND WIFE ( Borrower is the mortgagor under this Security Instnnnent. (C) "MERS" is M0l1gage Electronic Registration Systems, Inc, MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee undcr this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS, (D) "Lender" is FIRST NATIONAL BANK - WEST Lender is a NATIONAL BANKING ASSOCIATION organized and existing under the laws of UNITED STATES OF AMERICA ,Lender's address is 314 S. WASHINGTON STREET AFTON, WY 83110 (E) "Note" means the promissory note signed by Borrower and dated OCTOBER 11, 2005 The Note states that BOlTower owes Lender ONE HUNDRED EIGHTY-EIGHT THOUSAND AND 00/100 Dollars (U.S, $ 188, 000 . 00 ) plus iuterest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER I, 2035 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the ckbt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. WYOMING - Single Family - Fannie Mae/Freddie !\fac lJNIFORl\1INSTRLJl\fENT ~c?~'?:\rrx 06/08/2004 (Page J of 13) FOrtll3051 1/01 INl TIAI.S '&- -tJIL I >, ,Ii' -,'1 f,j 6ì '11,0 \~J:::J ~~"L Ii.JLJ . (Ì n I', 9 í) " ,) ,,)'::; , t::. 106088238 (II) "Riders" means all Riders to this Security Instrument that are executed by BOlTower. The following Riders are to be executed by Borrower [check box as applicable]: o Adjustable Rate Rider 0 Condominium Rider o Balloon Rider 0 Planned Unit Development Rider o 1-4 Family Rider 0 Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Bonower 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 terminal, telephonic instrument, computer, or magnetic tape so as to order, instmct, 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 initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are descIibed 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 coverages 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 insurance 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 Instmment. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U,S.c. §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 this Security Instrument, "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related 1ll0l1gage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESP A. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Bonower's obligations under the Note an dial' this Security Instrument. o Second Home Rider o Biweekly Payment Rider 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 perfonnance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, BOlTower does hereby Il10l1gage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, and Lender's successors and assigns, with power of sale, the following described property located in the COUNTY of LINCOLN (Type of Recording Jurisdiction) (Name of Recording Jurisdiction) LOT 6 OF WILD FLOWER ESTATES, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT NO. 198-B FILED SEPTEMBER 26, 2003 AS INSTRUMENT NO. 893865 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~c?~\'??VTX 06/08/~004 (Page 2 of 13) Fonn 3051 1/01 tAL'1ß1 I ,) ",,~,. re! o-'\1i9 ~,_J '"-____,I _,-__, ~ -2 ii:.A. r (ì n I:, a 3- '" ,) '- ...) tJ which currently has the address of 254 BRAVE CIRCLE 106088238 [City] [Street] , Wyoming 83110 [Zip Code] ("Property Address"). AFT ON TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appmienances, and fixtures now or hereafter a part of the property. All replacements and additions sha11 also be covered by this Security Instrument. All of the foregoing is refelTed to in this Security Instrument as tbe "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Secmity Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's Successors and assigns) has the right: to exercise any or all of those interests, induding, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender induding, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Bon-ower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey tbe Property and that the Property is unencumbered, except for encumbrances ofrecord, Borrower wan-ants and will defend genera11y the title to the Property against an daims and demands, subject to any encumbrances ofrecord. TIIIS SECURITY INSTRUMENT combines unifonn covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Bon'ower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepaymcnt Chargcs, and Latc Charges. BOlTower 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. Bonower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Secmity Instrument sha11 be made in U.S. cunency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is relull1ed to Lender unpaid, Lender may require that any or a11 subsequent paYllients due under the Note and this Security Instrument be made in one or more of the following forms, as selected hy 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 instihltion whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Flmds 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 retum any payment or partial payment if the payment or partial payments are insufficient to bIing the Loan cun-ent. Lender may accept any payment or paJ1ial payment insuffìcient to bring the Loan cunent, without waiver of any rights hereunder or prejudice to its Iights to refuse such payment or partial payments in the fUhlfe, 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 Bon'ower makes payment to bring the Loan cunent. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to BOlTower. 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 shaH relieve Bon-ower from making payments due under the Note and this Security Instrument or perfonning the covenants and agreements secured by this Security Instrument. 2, Application of Payments 01' Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) inleresl due under the Note; (b) principal due under the Note; (c) amounts due under Section 3, Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. WYOMING - Single Family - Fannie Mae/Freddie I\lac lINIFORM INSTRUMENT ~.§1~~PvTX 06/08/2004 (Page 3 0(' / 3) Form 3051 I/O I '///-' (/iL , '<--'il ,h t..E Al û ~J 0.'"'l... tC L:J r, ~ n . f ~ I ''"j ( ",'), - 9 /i \. ~. u f 106088238 If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lenckr may apply any payment received fÌ"om Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the paymellt 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 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 priOlity over this Security Instrument as a lien or encumbrance on the Properiy; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the tern1 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, Bon-ower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Fuuds 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 FlUrds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Bon-ower 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. 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 agreement" is used in Section 9. If BOITower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and BOITower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Bon-ower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESP A, and (b) not to exceed the maximum amowlt a lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of curn.:nt data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an instihltion whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESP 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 requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. BOITower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the 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 RESP A. If there is a shortage of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the shOliage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under IŒSP A, Lender shall notifY BOlTower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency 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 BOITower any Funds held by Lender. WYOMING - Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRlIJ\lENT R2~'^'ltr" 06/08/200t (Page" of 13) Form 3051 1/01 V1/!!-¡J1l , j ,"'J ':1 !;'.Öij¡¡Q¡ c_~ "- ii:..:LJ '\ 0 ... 0 ~,~ ',j!. ...-; ~ ~ 106088238 4, Charges; Liens, Borrower shall pay all taxes, assessments, charges, tïnes, and imposItIOns altributable to the Property which can attain priority over this Security Instmment, leasehold payments or grOlUld 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 this Security Instrument unless Borrower: (a) agrees in wIiting to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perfOlming 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 cl)¡lclllded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender detennines 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 actions set forth above in this Section 4. Lender may require BOlTower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5, Property Insurance. BOlTower shall keep the improvements now existing or hereafter erc:ckd on the PropeIiy insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and f1oods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tenn of the Loan. The insurance can-ier providing the insurance shall be chosèn 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 f100d zone determination, certification and tracking services; or (b) a one-time charge for f100d zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such detennination or certification. Borrower shall also be responsibk for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any f100d zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insllfance coverage, at Lender's option and BOlTower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide f,'Teater or lesser coverage than was previously in effect. Bonuwer acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that BOITower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this SecllIity Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice tì-om 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 cenificales, If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, BOlTower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by BOITower. Unless Lender and Borrowèf otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insllrance proceeds until Lender has had an opporiunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that sllch inspection shall be undertaken promptly. Lender may WYOMING - Single Family - Fannie Mae/Freddie Mae UNIFORi\llNSTRLJMENT ~g&Jkk"?5VTX 06/08/2004 (Page 5 of 13) FOJ'1lI3051I101 ý~í/ --'~;!\l J -~ rT~ II) I" "'" 1\,'1, Û. f_~ L2 ...L J f"\ nJ '.) e G ,) '. vJ 106088238 disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments ;1S Ihe work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the rèstoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to BOITower. 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 BOITower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 3D-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, BOITower hereby assigns to Lender (a) Borrower's lights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this SecUlity Instrument, and (b) any other of Borrower's rights (other than the right to any reíùnd of uneamed premiums paid by Borrower) under all insurance policies covering the Propeliy, 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 lmder 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 Instnunent and shall continue to occupy the Property as BOITower's principal residence for at least one year aner the d<.ite of occupancy, unless Lender otherwise agrees in writing, which consent shall not be umeaslJnably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7, Preservation, Maintenance and I)rotection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Propel1y to dekriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Propel1y in order to prevent the Propeliy trom deteliorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Bon'ower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, BOITower shall be responsible for repairing or restOling the Property only if Lenda has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a selies of progress payments as the work is compkted, If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property, If it has reasonable cause, Lender may inspect the interior of the improvements on the Property, Lt~nder shall give Borrower notice at the time of or plioI' to such an interior inspection specifying sllch 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 BOITower's knowledge or consent gave matelially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material infonnation) in connection with the Loan, Material representations include, but are not limited to, representations concerning BOITower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Sccurity Instrumcnt.lf (a) Borrower fails to perfornl the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankmptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain pliority over this Security Instrument or to enforce laws or regulations), or (c) Bonower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Propeliy and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and secming and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any slims secured by J lien which has priority over this Seclllity Instrument; (b) appearing in comt; 311<1 (c) paying reasonable attorneys' fees to protect its interest in the Property and/or lights under this Security Instrument, including its secured position in J bankruptcy proceeding. Securing the Property includes, but is not limited to, enteling the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~g~l~TX 06/08/2004 (Page 6 of 13) Form 3051 1/01 ~!ft ~*1l ',,," " "Õ~" ,cr-_ \,1 .;¡'.....~ ~ /-'{ 01 'Co._...'), "Y .........J .~_.:..: ~~ ii'............. J '" '" ,,', f·, n' ¡. C· "'7 '.' ',Jd...:;;,) 106088238 violations or dangerous conditions, and have utilities tUlllèd on or off. Although Lender may take action lmder this Section 9, Lender does not have to do so and is not under any duty or obligation to do so, It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. ' Any amounts disbursed by Lender under this Section 9 shall become additional debt of !3olTower secured by this Security Instnunent. 'Dlese amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to BOlTower requesting payment. If this Security Inshl.lment is on a leasehold, BOITower shall comply with all thè provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the gyOlUld lease. BOlTower shall not, without the express written consent of Lender, alter or amend the ground lease. If BOlTower acquires fee title to the Property, the leasehold and the fÚ title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance, If Lender required M0l1gage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and BOlTower was required to make separately designated payments toward the premiums for Mortgage Insurance, BOlTower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivaknt to the cost to BOlTower of the M0I1gage Insurance previously in efkct, from an alternate mortgage insurer selected by Lender. If substantially equivalent M0l1gage Insurance coverage is not available, BOlTower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay BOlTower any interest or earnings on such loss reserve, Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insure'r selected by Lender again bècomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and BOITower was required to make separately designated payments toward the prenuun-c:; for Mortgage Insurance, Borrower shall pay the premiums required to maintain M0l1gage Insurance in effect, or to provide a non-reflU1dable loss reserve, until Lender's requirement for M0l1gage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such tem1Ínation or until tem1Ínation is required by Applicable Law. Nothing in this Section 10 affects BOITower'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 BOITower does not repay thè Loan as agreed. Borrower is not a party to the Mortgage Insurance, Mortgage insurers evaluate their total risk on aJl such insurance in force from time to timt:, and may enter into agreements with other parties that share or modify thtir risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the othèr party (or paliies) to these agreements. These agyeements may require the m011gage insurer to make payments using any source of funds that the mortgage insurer may have available (which Illay include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser ofthè Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirc:ctly) amollnts that derive from (or might be characterized as) a portion of BOlTower'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 aITangement is often tem1ed "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 lIot increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund, (b) AllY 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 l'ight 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 l\10rtgage Insurance premiums that were unearned at the time of such cancellation or termination. WYOMING - Single Famity - Fannie l\laelF"eddie Mac UNIFORM INSTRlJMENT g!?~l7VTX 06/08/2004 (Page 7 of 13) Form 3051 1/01 /" '~ ' ,f ,Pf~~~}r ct ._, ,-" r' ,4\1 iôl,)¡ :"ì'··-·' ._:,W\,lj J l--' .j' "- J ~_..:.': l:... _____ 106088238 11. Assignment of Miscellaneous Proceeds; Forfeiture, Al1 Miscel1aneous 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 secmity is not lessened. During such repair and restoration period, Lender shal1 have the light to hold such Miscel1aneous Proceeds until Lender has had an opporhmity 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 íür the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Bon-ower any interest or earnings on such Miscel1aneous Proceeds, If the restoration or repair is not economical1y feasible or Lender's secmlty would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instmment, whether or not then due, with the excess, if any, paid to Bon-ower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Bon-ower. In the 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, ch:struction, or loss in value is equal to or greakr than the amount of the sums secured by this Secmity Instrument immediately before the parti,d taking, destmction, or loss in value, unless Bon-ower and Lender otherwise agn:e in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value, Any balance shall be paid to Borrower. In the event of a partial taking, destmction, or loss in value of the Property in which the íàir market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured inmlediately before the partial taking, deshl.lction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instmment whether or not the sums are then due. I f the Property is abandoned by Bon-ower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instmment, whether or not then due. "Opposing Party" means the third pal1y that owes Borrower Miscellaneous Proceeds or the party against whom BOlTower 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 forfeitme of the Property or other mateIÍal impainnent of Lender's interest in the Property or rights under this Security Instll.lment. Borrower can cure such a ddàult and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeihlJ'e of the Property 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 applied 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 Borrower shall not operate to release the liability of Bon-ower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instmment by reason of any demand made by the original Borrower or any Successors in Interest of BOITower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Bon-ower or in amOlll1ts less than the amOlU1t then due, shall not be a wa iver of or preclude the exercise of any right or remedy. r"\ r~ #:. (\ 0 .) '.,' ...J .'.:J Ö WYOMING - Single Family - Fannie Mac/Freddie !\lac UNIFORM INSTlUJi\lENT ~2~1\.TJC 06/08/2004 (Page 8 of 13) Form 3051 1/01 ,dfL '1-11 , .,' <. 9' "~, r" ......'4 ' .~~: {L{¿ JL ,..... 11·· 1''' 9 : )' I ¡ -' \'. ' . \." \...J IJ 106088238 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 Inshllment hut does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signtr's interest in the Property under the tenJlS of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; aud (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any acconU11Odations with regard to the tenus of this Security Instmment 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, and is approved by Lender, shall obtain all of BOlTower's rights and benefits under this Security [nstrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benetìt the successors and assigns of Lender. 14, Loan Charges. Lender may charge BOITower fees for services perfimned in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, at1omeys' fees, property inspection and valuation fees, In regard to any other fees, the absence of express authority in this Secmity Instrument to charge a specific fee to Borrower shall not be constmed as a prohibition on the charging of such fee, Lender may not charge fees that are expressly prohibited by this Seclllity Instmment 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 collected in connection with the Loan exceed the perrnitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennit1ed limit; and (b) any SU!11S already collected from Borrower which exceeded pemlitted limits will be refunded to Borrower. Lender may choose to m"ke this refund by reducing the principal owed uuder the Note or by making a direct payment to Borrower. If a refillld reduces principal, the reduction will be treated as a patiial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such renmd made by direct payment to Borrower will constitute a waiver of any light of action BOlTower might have arising out of such overcharge. 15, Notices. All notices given by Borrower or Lender in connection with this Security Instnunent must be in writing. Any notice to Borrower in connection with this Security Instnlment shall be deemed to have been given to Borrower when mailed by first class mail or when aCh¡ally delivaed to BOJTower's notice address if sent by other means. Notice to anyone BOJTower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise, The notice address shall be the PropeJiy Address unless Borrower has designated a substih¡te notice address by notice to Lender. BOlTower shall promptly notify Lender of BOlT ower's change of address. If Lender specifies a procedure for reporting BOJTower's change of address, then Borrower shall only report a change of address through that specifìed procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall he given by delivering it or by mailing it by fìrst 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 Insh-ument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requireJllènt 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 Instnnnent are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the pmiies to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. Tn the event that any provision or clause of this Secmity Instn¡ment or the Note conflicts with Applicable Law, such connict shall not affect other provisions of this Security Inshllment or the Note which can be given effect without the conflicting provision. As used in this Security Inshllment: (a) words of the masculine gender shall 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 discretion without any obligation to take any action. WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTIUJ1\IENT g!?áJi~~Z9vTX 06/08/2004 (Page 9 of J 3) Fonn 3051 1/01 vitL tfP- ,,( !1 -'iii 'Ll¡ __c' 'L-£:.!..J !; n ð n 0 106088238 ,- ~I ~ - ( 17. Borrower's Copy. BOlTower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneticial Interest in Borrower, As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests trans felTed in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if BOlTower is not a natural person and a beneficial interest in BOlTower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instnnnent. 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 BOlTower 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 BOlTower must pay all sums secured by this Security Instrument. If Borrower tàils to pay tbese sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on BOlTower. 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 contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this SecUlity Instrument and the Note as ifno acceleration had occulTed; (b) cures any default of any other covenants or agreements; (r) pays all expenses incurred in enforcing this Security Instrument, including, but not ]imited to, reasonable attomeys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and BOlTower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged, Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fon115, as sdected by Lender: (a) cash; (b) money order; (c) certified check, bank check, h'easurer's check or cashier's check, providêd 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 BOlTower, this Sêcurity Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occulTed. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Sel'vicer; Notice of Grievance, The Note or a paliial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan ServiceI', Borrower will be given written notice of the change which will state the name and address of the new Loan ServiceI', the address to which payments should be made and any other infonnation RESP A requires in connection with a notice of transfer of servicing, If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to BOlTower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by th~ 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 Inshllment or that alleges that the other party has breached any provision o( or any duty owed by reasou of, this Security Instrument, until such BOlTower or Lender has notified the other party (with such notice given in compliance with the requiœments of Section 15) of such alleged breach and afforded the other party hereto a reasonable peliod after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before celiain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take cOlTective action provisions of this Section 20. WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~.?~v.z:I$rJC 06/08/2004 (Page 10 of 13) Forni 3051 1101 ,/ dJ-- '-TL! I ~11- 61-- · ,,' r" ~J O(-,~ ;:...j .~___:' L~ Lé JL,J (^' ,'" n . "."\ ¿:." , ", ,,~ ¡' I' '." '.) d l.1) 106088238 21. Hazardous Substances, As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleulI1 products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the j lIIisdiction where the PropeJty is located that relate to health, safety or environmental protection; ( c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property, Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property, The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to nonnal residential uses and to maintenance of the Propelty (including, but not limited to, hazardous substances in conSlilller 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 Propeliy and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If BOITower leams, or is notified by any govemmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies, Lender shall give notice 10 Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrowel', 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 flJl'ther 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 specitied in the notice, Lender at its option may require immediate payment in full of all slIms secun..J 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 co~ts of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Horrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15, Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law, Lender or its designee may purchase the Property at any sale, The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23, Release, Upon payment of all sums seemed by this Security Instrument, 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. WYOMING - Single Family - Fannie Mac/Freddie Mac UNIFORM INSTRUMENT J?8~\J.r" 06/08/2004 (Page 11 of 13) Form 3051 1/01 i/1./L"ff-- /1' "·'fL· ' Y~-('-' '" .. /..,,¡11' Ü, ~,Ij,':"__/~.:i-~'kk· ~..j r. .... , !' n ,1 ., C) '. ,) \.' Ll U (.. 106088238 24, \Vaivers, Borrower releases and waives all rights under and by vÜiue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants containt:d in this Security Instrument and in any Rider executed by Borrower and recorded with it. ----JQÇ!OBER 11. 2005 DATE - OCTOBER 11. 2005 DATE - WYOMING - Single Family - Fannie Mac/Freddie Mac tJNIFORM INSTRUMENT 1?i?~'7.;¡TJC 06/08/2004 (Page 12 of 13) Fonn 3051 1/01 ",' ,".C 1¡':1" '9 f.._~"-¡"¿~ ". n fi f' ð i'l 3 ~-'~) \,.' :4 \.. 106088238 [Space Below This Line For Acknowledgment] STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by MARK HILTON & LACY HILTON, HUSBAND AND WIFE this 11TH day of OCTOBER I 2005 Witness my hand and official seal. Æe~cV /~ a/~ Notary Public ~" My Commission Expires: 9 -/5 - 0 7 GLORIA K. BYERS N County of ~~ OrMY PUBLIC Unco/J1 ~ State of My CommIssIon E~Pire$ s:ro~:n:007 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORJ\I INSTRUMENT g8~IJrx 06/08/2004 (Page 13 (113) Forlll 3051 1/01