HomeMy WebLinkAbout914701
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Recording Requested by &
When Recorded Return To:
US Recordings, Inc,
2925 Country Driv~ Sle 201
St. Paul, MN 55117
(I (f/
RECEIVED 12/23/2005 at 1152 AM
RECEIVING # 914701
BOOK: 608 PAGE 177
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
This documcnt prcoparl'd by:
SltAILESII S RAt
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Citiballk
P.O. Bux 7'10017,1\15221
SI. Luuis, 1\]0 6317'1
.Address
ACCOUNT NO. 105102716895000
HOME I~QUITY LINE OF CREDIT MORTGAGE
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Tn this IvIorlgage, "\'ou", "Your" and "Yours" means CHAD 1.. POLLlNGTON AND JENNIFEn
POLLlNCTON ("Mortgagor"). "We," "Us" and "Our" means CITlBANK FEDEH.AL SAVINGS BANK, which
has a home oftice of 11800 Spectrum Center Dnve, Reston, VA 22090. The" Borrower" means the indivillual(s)
whu lJas(ve) signed the IIome Equity Line of Credit Agreement and DIsclosure (the "Agreement") of even date
herewith and in connection with this Mortgage.
The "Property" means the real esute, including the leasehold (if any), located ar 22 STEEL IIEAD COVE,
TIlA YNE, \\'V 83127, LINCOLN County
SEE ATTACHED LECAL DESCIUPTION
TllIS J'vIORTGAGE between You and Us is made as of the date next to Your 1Ïrst signature below and has
a Jinalll1a!urity date 30 years and 2 months fi-om such dare.
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'fhe Agreement provides that the credit secured by the PrUpèrlY is an open-end rè~volving line oCcrèdit at a variable
rate of interest. The maximum amount of all loan advances made to the Borrower under the Þ.greement and which
Inay be secured by this Mortgage may not exceed $76,000,00 (the "Credit Limit") At any particular time, the
outstanding obligation of Borrower to Us under the Agreement may be any sum equal to or less than the Credit
Limit plus intêrest and other charges owing under rhe Agreemént and amounts owing under this l'vfortgage.
Obligations under the Agreement, lvfortgage and any riders therdl) shall not bé released even if all indebtedness
under the Agréement is paid, unless and until We cause a mortgage release to be execuled amI sllch reIc:ase is
properly recorded.
TO SECURE to Us: (a) the payment and performance oral! indebtedness and obligations of the Borrower
under the Agreément or any modiíication or rcplacement of the ,-\greement; (b) tbe payment of all other sums
advanced 111 accordance herewith to pro!eclthc security of this f\lortgage, with JÌnance charges thereon at the
variable rate describéd in the Agreement; and (c) the payment of any future adv¡mCès made by Us to Borrower
(pursuant to Paragraph 16 of this Mortgage (herein "Future Loan Adnlllces")) and, in consideration of the
indebtednéss herein recited, You hereby mortgage, grant and CO!l\'CY to Us the Property together with the statutory
power of sale;
TOCìETHER W]TIl all thé improvements now or hereaClc;r erected on the Property, and all easements,
nghts, appurtenances, rents (subject however to the rights and authorities given herein to You to collect and apply
such rents), royalties, mineral, oil and gas rights and profits, waler, water rights and water stock, and all fixtures now
or hereafter altached to the Properly (whIch, ¡j'thisMorlgage is on a unit in a condomilllum project or planned unit
development, shall indude the common elements in such project or development associated wlth such unit), all of
which, mcluding rèplacements and adchrions thereto, shall be deemed to be and remdin a part of the Propeny.
crx- I-SI·7U2·\VY
POLLlNGTON
101'7
Revised U6/24/2005
ACAPS 105102716895000
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Mortgage, continued
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IN WITNESS WHEIŒOF, YOU IIA VE EXECUTED TIllS MORTGAGE, AND AGREE TO BE BOUND
BY ALL TERIVIS AND CONDITIONS STATED ON PAGES 3 TIIlWUGlI 7 FOLLOWING.
IF l\10HTG.\COR IS AN INDIVIDUAL
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1\1 ngagor .n N'~IFER POLLINCT()N
¡f] J\1arried .' I j Uumarried
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IvlorlQitl'.or' CIIAD L'POLLINCTON
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12/1 O/200S
lJ nl!larried
Mortgagor:
t I Married
[ I Uumarried
rV!orlgagor:
t ] Married
t I Unmarried
[ ] Married
t ] U nlllarried
I ] Married
t ] Unmarried
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STAlE OF WYOlVllNG, COUNTY OF -ÁLL~.L-"l.~L----~ SS:
The foregoing instrument was acknowledged before me this 12/1 O/200S by .J ENNIFER POLLIN GTON and
CIIAD L POLLINGTON.
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I WENDIE R. KJNG - NOTAHY PU6UQ
i County of t.,~~ Stato I)f
; Lincoln ~W Wyoming
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IF MORTCìACìOR IS A TRUST: ~____,____________,__
nol personally but solely as lruslcc as aiènesaid.
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(,X-II,S 1-7112- IVY
POLLlNGTON
2 ot 7
Revised 116/24/2l1l1S
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:tvlortgage, continued
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You covenant thai You are lawfully seizcd of the estate hereby conveyed and have the right to mortgage, grant, and
convey the Propert)', and thaI the Property is unencumbered, l~xcept for the encumbrances of record and any tìrst
mortgage. Y uu covenant that You WalTant and will defend generally the title to the Property against all claims and
demands, except those disc1used in writing 10 Us as of thc date of this tvlortgage.
You and \Vc covenant and agree as follows:
1. Paymcnt of Illdchtedness, Borrower shall promptly pay when due the indebtedness sccured by this Mortgage
including, without limilation, that evidenced by the Agreement.
2. Application of Paymcnts, Unless applicable 1aw provides otherwise, all payments reccived by Us under the
Agrecmcnt will bc app1ied to the principal balance and any Jinance charges, late charges, collection costs, and other
charges owing with respect to the indebtedness secured by this ìvlortgage in such ordcr as \Ve: ¡nay choose limn time:
to time.
3. Chargcs; Licns, Exccpt as expressly provicled in this Paragraph 3, You shal1 pay illl tines, assessments and
othe:r charges, tìne:s and imposItions allributab1e to the Prupe:rty wluch m,IY attain a priority ove:r tIns Mortgage:, and
kasehold payments or ground rcnts, Ifany, by Your making p¡¡yme:nts, whe:n due:, clIrectly to the: payee the:rcuL In
the cvent You make payments directly to the paye:e thereof, upon Our request You shall promptly furnish to Us
receIpts evicknClng such payment. 'You sh¡¡1l make paymcnts, when due, on ¡¡ny inde:btedness securcd by a
mortgagc or other hen that is prior III right time to this tvlorlgage (a "Prior !v[ortgage"). You shall promptly
discharge the lie:n of any Prior Mortgage not disclosed to Us in writing at the tIme of application lèJr the Agreement,
provided, however, that You shall not be required to discharge any such lien so long as You shall (a) III good faith
contest such lien by, or defend eni'orcement of such lien in, Iega1 proceedings which operate to prevent the
e:nforcement of the lien or forfeiture of the Property or any partthereor, or (h) secure i¡-om the h01der of such prior
hen an agreeme:nt in form and substance satis]iKtory to Us subordinating such hen to this ìvlortgage:. You shall not
cnter into any agreement with the holder of a Prior Mortgage: whercby such Prior rvlortgage, or the indebtedness
se:cured thereby is modiiie:d, amcnded, eXlended or renewcd, without Our prior written consent. You shall neither
request nor allow any future advanCès to be secured by a Prior Mortgage without Our prior wrilten consent.
4. Hazard Insurance, You sha1l kee:p the improvements now eXIsting or hereaftcr erected on Ihe Property insured
against loss by ¡¡re, hazards ineluded within the term "extended coverage" and such other hazards as We may
require (inc1udmg nood insurance coverage, ifrc:quired by Us) and in such amounts and for such periods as We may
rl~quire. Unless We require in writing otherwise, the policy shall provide insurance: on ,1 replacement cost basis in an
amount not less than that necessary to comply with any cOlllsurance percentage st¡pulate:dm the ¡wz,m! insurance:
policy. All insurance poliCIes and rene:wals thereof shall be: in fDrm and substance and with carriers acceptable to Us
and sha1l include: a standard mortgagce clausc in favor of and 111 form and substance satisÜlctory to Us. In the event
of loss, You shall give: prompt notice to the insurance carrier and Us. We may nwlœ proof of 10ss if not made
promptly by You. lCthe Property is abandoned by You, or if You ]iti1 to respond to Us within thirty (30) days from
the dale: the notice is mailed by Us to You that the insurance carrie:r om:1 s to settle: a claim for insul',lnce bendits,
\Ve are authorized to collect and apply the insurance proCèeds at Our option eIther to restoration or rcpair of the
Property, or lO sLims secured by this Jvlortgage. ]1' the Property is acquired by Us under Paragraph 14 of tlus
J\lortgage, all oCYour right, title and illterest in and to any insurance policies, and ill and to the: procee:ds thereof
resulting ii'olll damage: to [he Prope:rty prior 10 the salc or acquisition, shall pass to Us to the e:xtent of the sums
secured by this JVlortgage lmmcdwtely prior to such sale or acquisition.
The provisions of this Paragraph 4 shall be subject to IIIC provisions of Paragraph 5 if this tv!ortgage covers
a unit in a condominium project or p1anned unit development.
CFX-H-SI-7C12-\VY
POLLlNGTON
3 017
Rc'visèd 06/24'2C105
¡\CAPS lOS1027t6S95000
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Mortgage, continued
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5. Preservation and lVlaintenancc of Propcrty; CondolllÎnillms and Planlled UlIit Developmcnts, ]fthis
lvlortgage is on a unit ill a conduminiullJ or a planned unit development (herein "Condominium Project"), then: (a)
You shall perform all of Your obligations under the declaration or covenants creating or governing the
Condominium Project, the by-laws and regulations of the Condominium Project, and all constituent documenls
(herein "Project Documents"), including the payment when due of assessments imposed by the homeowners
associatlOn or other goveming body of thL: Conduminium PHJJect (herein "Owner's Association"); (b) 'y' ou shall be
deemed 10 ha VL: satisned the msurallce requirements under l'clragraph 4 of this Mortgage i I' the Owners Association
maintams in full force and effect a "muster" or "blanket" pohcy on the Condominium Project which provides
insurunce COVL:rage against fire, hazards included within the fc'rm "extended coverage" and such other hazards
(including flood insurance) as \Ve may require, alld in such alllllunts and for such periods as We may require naming
Us as addl[lonulloss payee; (c) the provisions or any Project DOCUlllellts reg,n'ding the application of any insurunce
proceeds hom "master" or "blanket" policies covering the Condominium Project shall supersede the provisions of
Paragraph 4 of this lvJortgage to Ihe extent necessary to avoid conilict between the: provisions the:reof nnd hereof; (d)
You hereby assign to Us the: right to receive distributions on account of the: Propcrty under "master" or "blanket"
policies covering the Condominium Project to the exLc:nt not applied 10 the restoration or repan of the Property, wilh
any such distributions in excess of the amount necessary to satisfy in full thl~ obligations secured by this lvlortgage
bemg paid to Y Oll; (e) You shall give Us prompt wrj¡ten notice of any lapse in any insurance coverage unde:r a
"master" or "bJmùœt" policy on the Condominium Project; ami (I) You shall not, without Our prior written consenl,
consent to eitber (i) the abandonment or termination of the Condominium ProJect (except for the abandonment or
termination provided by law in the case of substantial destruction by fire or other casualty or in the case of a laking
or condemnation or eminent domain), (ii) any material amendment to the Project Documents (including any change
in the pcrcentage interests or [he unit owners in Ihe Condominium Project), or (i1i) the eilectualion of any decision
by the Owners AssociatIOn to terminate professional management and assume sdj~management of the
Comlorninllllll Project. ]1' the Property has rentalullits, You shall maintain insurance against rent loss in addition to
tbe other hazards for which insurance is re:quiredherein.
6. Protection orOur Security. ]fYou Ü1i1 to perform Your obligations under this !vlortgage, or irany action or
proceedings adversely affects Our interest in Ihe Property, \\ie may, at Our option, lake any action reasonably
necessary (including, withcml limitatioll, paying expenses and a!Lomeys' fees and to have entry upon thc Property to
make repairs) to perform Your obligations or to protect Our interests. Any amounts disbursed by Us pursuant to this
Paragraph 6, with interest thereon at the variable ratc described III the Agreement, shall become indebtedness
secured by this !v!ortgage (except as expressly provided hercin). NOlhing contained in this Paragraph 6 shall require
Us to incur any expense or take any action hereunder.
7. Inspection, We or Our agents may enter and inspect the Property, after giving You reasonable prior notice.
8. Conc!eIllnatiou, The proceeds of any award or claim for damages, direct or consequential, in connection with
any conckmnalion or other taking of the Property, or part thereof, or for conveyance in Jieu of conclemnation, are
hereby assigned and shaJJ be paid to Us. NeithL:r Borrower nor You wiJJ be relieved or any obligation to make
payments if We apply the award received to the outstanding balance owed.
If You abandon the Property, or if, after notice by Us to You Ihat the condemnor offers to make an award or settle a
clainl fè)r damages, You fÙil to respond to Us within thirty (3D) days afte:r Ihe date such notice is m,¡jled, We are
aulllOrized to coJJect and apply the proceeds in the same manner as provided IJ1 Paragraph 4 hereof
9. Forbearance Nol a \\'aivel'. Any forbearancc by Us in excrcising any right or remedy hereunder, or otherwise
afíè)rded by applicable law, shaJJ not be a waiver of or preclude the exercise of any sllch right or remedy in the
future. Any waiver by Us mllst be in writing ane! signed by Us.
CTXH-SI-702-\I'Y
POLLlNGTON
" of7
¡{evis"d U6124!2()05
AC\PS 105 IOn t68lJS()()()
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10. Successors and Assigns Bound; Joint and Several Liability; Captions, The covenants and agreenlents
herl~in conlained shall bind, and the rights herelll1der shall inure to, Your and Our respecti ve successors and assigns,
subject to the provisions of Paragraph 13 hereof All Your covenants and agreements shall be joint and several. The
captions and headings of the paragraphs of this Mortgage are for convenience only and arc not [0 be used to mterpret
or define the provisions hereof
II. Nutices. Except for any nol1ce required under applicable law to be giwn in another manner, (a) any notice to
You provided for in this Mortgage shall be given by personal delivery or by mailing such notice by hrst-class
postage paid, addressed to You at the address of the Property shown at the beginning of this r\lortgage or at such
other address as You may designate by notice to Us as provided Ilërein, and (b) any notice to Us shall bë given by
personal ddivery or by lllailing such notice by certifiL~dll1ail, return receipt requested, to Our address staled herein
or to such other address as \Ve may designate by notice to You ,IS provided herëin.
] 2 SeveralJility, ] f any tenn of this tvlorlgagc is found to be unen forceable, all other provisions will remain in j'¡tll
fÖrce.
13. Due on Transfer Provision - Transfer of the Property, Ita]] or any part of the Property or any interest in it is
sold or transferred (or if a benciicial interest nl You is sold or transferred and You are not a natural person) without
Our ¡mor wrilten consent, We may, at Our option, rL'quire immediate payment in fu]] of all sums secured by this
Mortgage. However, We shall not exercise this optIon iCthe exercise is prohibited by applicclblc law as orthe date
of this Mortgage. I f We exercise this option, We shall give Y ollnotice of acceleration. 'rhe notice shall provide a
period of not less than 30 days from the date the notice is delivered or mailed within which all sun]s secured by this
!vlortgage must be paid. ]f these sums are not paid prior to the expiration of this period, \Ve may invoke any
remedies permitted by ¡his l'vlortgage without further notice or dèmand on You.
14. Default. If You breach any term in Ihis Mortgage, or itDorrower fails to perj(Jrm ,Iny obligalion under Ihe
Agreement, \\ie may, at Om option, dèclare all sums secured by this Mortgage to be irnmediately due and payable
without further demand and may invoke the power of sale under this ìvlortgage and any otl1er remedies permitted by
law. We may collect !ì'OJll You all reasonable costs incurred in enforcing the terms of this ìvlortgage, including
attorneys' fees and allocated costs of Our salaried employees.
]5. Assignment of Hents, As additional security hereunder, You hereby assign to Us the rents of the Property;
providèd, howevèr, that You shall have, prior to accderation under Paragraph 14 l1ereof or ,¡bandonment of the
Property, the right to collect and retain such rents as they become due and payable.
ló. Future Loan Advances, Upon Your request, We at Our optionll1ay make Future Loan Advances to You or
Bonower. Such Future Loan Advances, with interest thereon, sh,d[ be secured by thislVlortgage when evidenced by
a promissory note or agreement stating Ihat saidnOle or agreemenlls so secured.
17. Release, Upon payment of all sums secured by this tv10rtgage and any applicable Early Closure Release Fee or
other jÚs and upon (a) expiration of the Agreement or (b) Your request, \Ve shall release this tvlortgage and You
shall pay all costs of recordation along with any reconveyance fee and any statement of obligation fee, if any.
18. Appointment of Receiver; Lender in Possession, Upon acceleration under this ìvlurtgage or abandonment of
the Property, We shall be entitled to have a receiver appointed by a court to enter upun, take possession of, and
manage the Property and collect Ihe rents of the I'ropelty including those past due. All rents collected by the
recei ver shall be applied Erst 10 payment of ¡he costs of m,magement of the Property and collection of rents,
including but not limited to, recciver's ii:es and premiums on the receiver's bonds and reasonable attorneys' ICes and
then to the sums secured by this J'\1ortgage. The receiver shall be liablc to account only iè)r Ihose rents actually
reccived.
._._~
CfX-II-S 1-7l12, WY
t'OLLtNGTON
S o( 7
Revised 01,'24/200S
ACAPS: lOstOn1689S0uO
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lVlortgagc, continucd
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19. Statement of Obligation. We may collect a fee for furnishmg a statement of obligation in an amount not to
exceed the maximum amount permitted under applicable law.
20. No _~Ierger. There shall be no merger oft!Je interest or estate created by this IvIorlgage with any other Interest
or estate In [he Properly at any time held by or 1~)¡ Our bendìt in any capal'ity, without Our prior writtcn consent.
21. Fixture Filing, This lvfortgage constitutes a financing statement Jïled as a tixture fj]ing in the Onicial Records
of the County Recorder of the counly in which LlJe Property is localed with respect to any and all fiXtlll-eS included
within the term "Property" as used in this IvforLgage and wIth respect to any goods or other personal properly that
may now or hereafter become such fixtures.
22. Third Party \Vaivers. ]n the event that any of You has not also signed the Agreement as Borrower, each of
You: (a) agrees that We may, 1i'om time to time, without Ilutice ILJ, consent Jí-om or demand on You, and without
aJTeeting or impairing in any way any of Our rights or Your obligations, (i) renew, extend, accelerate, compromise
or change the interest rale or other terms of the Agreement and any promissory note or agreement evidencing a
Future Loan Advance, and (ii) accept, waive and release other security (including guaranlees) J~)r the obligations
arismg under the Agreement or any prolnissory note or agreèment evidencing a Future Loan Advancc, and (b)
waives (i) any right to require Us to proceed against any Borrower or any other person, proceed against or exhaust
any security for thè obligations secured by this Jvfortgage or pursue any other remedy in Our power whatsoever, (ii)
any defense or right agcÚnst Us arising out of any l!jsability or other defense or cessation of liability of any Borrower
J~)r any reason other than full payment, (iii) nny defense or right against Us arising out of Our foreclosme upon the
Property, even though such foreclusure results in the loss of any right of subrogation, reimbmsernent or olher right
You ha ve against any Burrower, (iv) al] presentmenls, diligence, protests, demands and notice of protest, dishonor,
and nonperformance, (v) until paymenl in hill of the indebtedness sl'cmed by this !vlortgage, any right of
subrogation or the benc1ìt oLII1Y security JèH such lillkbkdness, and (vi) the benefit of the statute of limitations
aHecting the Property to the extent permitted by law. Any partial payment by Borrower or other circumstance that
operates to toll any statute of limitations as to such pcrson shall operate to toll such statute as to You.
23. Choice of Law. 1'hè !vfortgage will be governed by UJlIted Stales kderallaw and, to the extent the United
States Jederallaw is mapplicable, then by the laws of the Commonwealth of Virginia; except thaI, with regard to Ihe
perlection and enforcement ofCitibank's security interest in the Property, the J\lortgage will be governed by the law
of the state where the Property is located.
24. Your Copy. You shall be giv'en one confonned copy of the Agreement and this J\lorlgc¡ge.
25. Loan Charges Legislation Affecting Onr Rights, ]rthe Agreement is subject 10 a law which sets maximum
loan charges, amI that law is iinally interpreted so that the interest or other loan charges collected or to be collected
in conneclion with Ihe Agreement exceed the permitted limits, then (a) any such loan chclrge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and (b) any such Joan charge already collecteel hom
You or Borrower which exceeded permitted ¡units will be refunded to You or Borrower;\\' e may choose to make
this refund by reducing the principal owed undcr the Agreement or by making a direct payment to You or Borrower.
lfa reful1d reduces principal, the reduction wIll be treared as a partial prepayment wilhout any prcpayment charge
due. If enactment or expiration of applicable laws has the effect of rendering any provision of the i'\greement or this
!vlortgage unenli:Jrceable according to Its terms, We may at Our optJOn, require immediate payml~nt ll1 JÍill of all
sums slTured by this Mortgage and may invoke any remedies permitted by Paragraph 14.
CFX-II-S 1-7U2- IVY
POLUNGTON
6 or 7
I(cvi::¡cL! OÓ/}4<ZOU5
AC\PS t05 tOn t6895000
Mortgage, continucd
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26. \Vaivcr of Homestead and Redemption, You release and waive all rights under and by virtue of the
homestead exemption laws of Wyoming, the equity of redemption and statutory right of redemption in and to the
I'roperry.
27. Trustee Exculpation, rflhis Mortgage is exeCllted by ,I trust, You execute this lvlortgage as trustee as
aforesaid, in the exercise of Ihe power and authority confened upon and vested in it as such trustee, and it is
expressly understood and agreed by Us and by every person hereafter claiming any right hereunder that nothing
contained herein or in the Agreement shall be construed as creating any liability on You personally to pay amounts
owing in connection with the Agreement or this!v]ortgage or any interest that may occur Ihereon, or to perfèJrm any
covenants either express or imp1ied contained in this lvlortgage, all such liability, if any, being expressly waived, and
Ihat any recovery on the Mortgage or the Agreement sha1l be solely against and out of Ihe I'roptllY by enforcement
of the provisions or this Nfortgage and the Agretmcnt, but this waiver sha1l in llU way affect the personalliabihty of
any individual BorrowCI', co-maker or guarantor of this Agreement.
28. One Mortgagor. ]fthere is only one person executing this Mortgage, such person represents that he or she is [I
single or [J married. [Check one as applicable].
CTX-j t-S 1-702 IvY
l'OLLlNGTON
701'7
Revised ()(¡i24/2005
ACAPS: 10SlOn]6~9S000
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EXHIBIT A
SITUATED IN THE STATE OF WYOMING, COUNTY OF LINCOLN I AND IS
DESCRIBED AS FOLLOWS:
LOT 1 OF TYSON MERRITT FN~ILY EXEMPTION I LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT NO, 142-E FILED
NOVEMBER 1, 2001 AS INSTRŒ~ENT NO. 904504 OF THE RECORDS OF
THE LINCOLN COUNTY CLERK,
ADDRESS: 22 STEEL HEAD COVE; THAYNE, WY 83127
PARCEL ID NO.: 12-3419-02-4-00-390,00
TAX MAP OR
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U28S0404S-01HPOS
HELOC MTG./OOT
REFN O~05~025784
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