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RecòrÍfing Requested by &
When Recorded RetumTD:
US Recordings, Inc.
2925 Country Drive Ste 201
S1. Paul, MN 55117
C00291
This rlocument pr~parerl by:
MADHURA VAIDYA
Name
RECEIVED 5/16/2006 Bt4:56 PM
RECEIVING:# 918467
BOOK: 620 PAGE: 291
JEANNE WAGNER
.LINCOLN COUNTY CLERK, KEMMERER, WY
Citibank
P.O. Box 790017, MS221
St. Louis. MO 63179
A.a.ar.ess
~ \ LlS-~5 "7-'1 ACCOUNT NO.: 106040616903000
HOMEEQIDTYLINE OF CREDIT MORTGAGE
In this Mortgage, "You", "Your" BDd "Yours" means DAVID LOMELI AND STEPHANIE MARIE LOMELI,
HUSBAND AND WIFE ("Mortgagor"). "We," "Us" BDd "Our" means CITffiANKFEDERALSAVINGS
BANK, which.has lLhome office of 11800 Spectrum Center Drive, ~ston. VA 22090. The "Borrower" means the
IDdividua1(s) who .has(ve) signed the Home Equity Line of Credit Agreement BDd Disclosure (the "Agreemenf') of
even Date .herewithBDd m connection with this Mortgage.
The "Property" means the real estate, mcluding íhe leasehold (if MY), located llt232 SHlRAS DR. ALPINE, WY
83U8, LINCOLN County.
SEE ATTACHED LEGAL DESCRIPTION
THIS MORTGAGE between You BDd Us.is made AS of the .date next to Your:first signature below Md.has
II :final maturity 1late 30 years BDd 2 months nom such .date.
The Agreement provides that the cr~dit secured by the Property is liD open-end revolving line of credit llt a variable
rate of interest. The m1lximnm lUDOunt of mlloM adVMCf:S made to the Borrower under the Agreement BDd which
may be secured by this Mortgage may not exceed $118,900.00 (the "CreditLimit"). At liDY particular time, the
outstanding obligation of Borrower to Us under the Agreement may be MY sum equal to or less than the Credit
Limit pIus .interest BDd other charges owing under the Agreement BDd lUDOunts owing underíhis Mortgage.
Obligations :under íhe Agreement, Mortgage BDd liDY riders thereto shall not be released even if.all indebtedness
under the Agreement.is paid, .unless .and until We 1:allSe II mortgage release to be executed .and such release .is
properly recorded.
TO SECURE to Us: (a)1he payment BDd perforri1ance of.all indebtedness .and obligations of the Borrower
under the Agreement or liDY modification or replacement of the Agreement; (b) the payment of ml other sums
MVMced .in .accordance herewith to protect the .security of this Mortgage, with :finance charges 1hereon llt the
variable rnte rlescribed.in the Agreement; BDd (c) the payment of MY future adVßllCes made by Us to Borrower
(pursuant to PM~aph 16 ofíhis Mortgage (herein ''Future LOM AdvßllCes")) BDd, m consider.ation of the
.indebtedness herein recited, Y oul1ereby mortgage, gnmt.and l:onvey to Us the Property together with the .statutory
power of .sale;
TOGETHER WITIi.all the :improvements now or hereafter erected on the Property, BDd ml easements,
rights, llppurtenances, rents (subject however to the rights BDd authorities given .herem to You to collect and llpply
.such rents), roymties, mim"ral, oil.and gas rights.and profits, water, water rights BDd wæ:er stock, BDd ml fixtures now
or .hereafter .attached to the Property (which, if this Mortgage is on II unit m II condominium project or planned unit
1ievelopment, shall.include the common elements.in such project or 1ievelopment .associated with such unit), All of
which, .including replacements .and additions thereto, shall be .deemed to be BDd remain II part of the Property.
CFX-R-SI-702- WY
LOMELI
lof7
Revised 06/14L2005
J\CllPS: 106040616903000
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~ C002'92
()91846'?
~orjgage,continued
cffibank®
IN WITNESS WHEREOF, YOU HAVE EXECUTED THIS MORTGAGE, AND AGREE TO .BE .BOUND
.BY ALL TERMS AND CONDITIONS STATED ON PAGES 3 THROUGH ï FOLLOWING.
05/02lW06
] Unmarried
Mortgagor:
[ ] Married
I ] Unmarried
Mortgagor:
[ ] Married
I ] Unmarried
[ ] Married
[ ] Unmarried
[ ] Married
I ] Unmarried
STATE OF WYOMING, COUNTY OF . U \J....t() \ I.G ss:
The foregoing instrument was .acknowledged before me this 05/0212006 by STEPHANIE MARIE LOMELI .and
DAVID LOMELI.
My CommissionExpires:
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Notary P. ubliillrint Name]
tJCLU-~."J bV--CltJ~C
IF MORTGAGOR IS A TRUST:
not personally but solely .as trustee as moresaid.
By:
Title
CFX-H-SI-702- WY
lOMELI
20f7
Revised 06/14L2005
J\CllPS: 106040616903000
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~ortgage,continued
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You covenant that You.are lawfully seized of the estate hereby conveyed.and have the right to mortgage, grant, and
convey the Property,.and that the Property is unencumbered, except for the encumbrances of record and any:first
mortgage. You covenant that You wauant.and will1iefend generally the title to the Property against.all claims.and
1iemands, except those disclosed in writing to Us.as of the date of:this Mortgage.
You.and We covenant.and.agree.as follows:
1. PJlyment of lndebtedness.Borrower shall promptly pay when.due the .indebtedness secured by:this Mortgage
.including, without limitation, that evidenced by the Agreement.
2. Application ofPJlyments. Unless .applicable law provides otherwjse,.all payments received by Us underthe
Agreement will be .applied to the principal balance.and .any finance charges, late charges, .collection .costs,.and other
charges owing with respect to the .indebtedness secured by:this Mortgage .in such order .as We may choose iÌ'om time
to time.
3. Charges; Liens. Except.as expressly provided .in this P.aragraph 3, You shall pay .all taxes, .assessments and
other charges, fines.and .impositions .attributable to the Property which may .attain.a priority over this Mortgage, and
leasehold payments or ground rents, if .any, by Your making payments, when due, directly to the payee thereof. 1n
the event You .make payments directly to the payee thereof, upon Our request You shall promptly furnish to Us
receipts evi deTlcing such payment. You shall make payments, when .due, on.any indebtedness secured by .a
mortgage or other lien that js prior.in right time to :this Mortgage (a ''Prior Mortgage"). You shall promptly
Llischarge the lien of .any Prior Mortgage not disclosed to Us in writing .at the time of application for the Agreement,
provided, however, that You shall not be required to discharge any 511Cb lien so long.as You shall (a) in good faith
contest such lien by, or 1iefend tmforcement of such lien ID, legal proceedings which oper.ate to prevent the
enforcement of the lien or forfeiture of the Property or .any part thereof, or (b) secure ñ-om the holder of such prior
lien.an .agreement in fonn.and substance satisfactory to Us subordinnting such lien to:this Mortgage. You shall not
iIDter into .any .agreement with the holder of.a Prior Mortgage whereby such Prior Mortgage, or the .indebtedness
secured thereby js modified, .amended, extended or renewed, without Our prior written .consent. You shall neither
request nor .allow .any future .advances to be secured by a Prior Mortgage without Our prior written consent.
4. Hazard Insur.ance. You shalllœep the .improvements IlOW existing or hereafter erected on the Property insured
.against loss by fITe, hazards included within the term "extended cover.age" .and such other hazards.as We may
require (including flood insurance coverage, jf required by Us) .and .in such .amounts .and for such periods .as We may
require. Unless We require.in writing otherwise, the policy shall provide insurance on a replacement J:ost basis in.an
IDIlOunt not less than that necessary to J:omply with.any coinsurance peœentage stipulated in the hazar.d insurance
policy. All insurance policies .and renewals thereof shall be.in fonn .and substance and with carriers .acceptable to Us
.and shall include.a standard mortgagee clause in favor of.andin fonn.and substance satisfactory to Us. 1n the event
of loss, You shall give prompt notice to the insur.ance cauier .and Us. We may make proof of loss if not made
1>romptly by You. If the Property js abandoned by You, or jfy ou fail to respond to Us within thirty (30) days ñ-om
1he date the :notice js mailed by Us to You that the insurance J:.arTÍer offers to settle.a claim for insurance benefits,
We .are authorized to J:ollect .and .apply the insurance proceeds at Our option either to restoration or repair of the
Property, or to sums secured by:this Mortgage. If the Property js .acquired by Us under P.aragraph 14 of:this
Mortgage, .all of Your right, title.and .interest in.and to .any insurance policies,.and in and to the proceeds thereof
resuhing ñ-om Ll.am.age to the Property prior to the sale or .acquisition, shall pass to Us to the extent of the ßums
secured by this Mortgage :inunt:diately prior to such sale or .acquisition.
The provisions of:this P.aragrnph 4 shaU be .subjeCt to the provjsions ofP.aragr.aph 5 if this Mortgage covers
.a unit in .a condominium project or planned unit Llevelopment.
CFX-H-SI-702- WY
LOMELI
3 on
Revised 06/2412005
i\CPÙPS: 106040616903000
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~oIigage,continued
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5. PreservJltionandMaintenance of Property; Condominillm~.andP1anned UllÍtDevelopments. If1his
Mortgage is on a unit.in a condominium or Jl planned unit .development (herein "Condominium Project"), then: (a)
You shall perform Jlll of Your obligations under the declaration or covenants creating or governing the
Condominium Project, the by-laws1ind regulations of the CondominiumProject,and all constituent documents
(herein "Project Documents"), .including the payment when due of .assessments .În1posed by the .homeowners
.association or other governing body of the Condominium Project (herein "Owner's Association"); (b) You shall be
.deemed to have satisfied the .insurance n:quirements under' Paragraph 4 of this Mortgage lithe Owners Association
.maintains.in full force and effect Jl ''master'' or "blanket" policy on the Condomininm Project which provides
.insurance coverage against :fire, hazards jncluded wjthin the term "extended coverage" and such other hazards
(including flood .insurance).as We may require, .and in such .amounts and for 5uch periods.as We.may require naming
Us as Jldditionalloss payee; (c) the prov.isions of .any Project Documents regarding the application of any .insurance
proceeds :ITom "master" or "blanket" policies covering the Condominium Project .shaIl5upersede the prov.isions of
Paragraph 4 of this Mortgage to the extent necessary to avoid conflict between the provisions thereof.and hereof; (d)
You hereby assign to Us the right to receive distributions on .account of the Property under ''master'' or "blanket"
policies covering the Condominium Project to the extent .µot applied to the restoration or repair of the Property, with
.any such distributions ill excess of the amount necessary to satisfy :in full the obligations secured by this Mortgage
being paid to You; (e) You shall give Us prompt written notice of .any lapse.inany :insurance coverage under a
"master" or "blanket" policy on the Condominium Froject;.and (í) You 5hall not, without Our prior written consent,
consent to either (i) the abandonment or termination of the Condom:inium Project (except for the abandonment or
termination provided by law ill the case of 5ubstantial destruction by:fir-e or other casualty or.in the case of a taking
or condemnation or -eminent domain), (ii).any material llmendment 10 the Proj ect Documents (.including .any change
.in the percentage .interests of the unit owners in the Condominium Project), or (Hi) the effectuation of .any .decision
by the Owners Association to terminate professional management and assume self-management of the
Condominium Project. lfthe Property .has rental units, you.shall:maintain .insurance.against rent 105s illliddition to
"the other hazards for which .insurance is required .herein. .
6. Protection of Onr Security. IfY ou fail to perform Your obligations under this Mortgage. or if.any .action or
proceedings adver5ely .affects Our mterest in "the Property, We may. at Our option,1ak:e.any action reasonably
necessary (including, without limitation, paying expenses and attorneY5' :fees.and to have entry llpon the Property to
make repair5) 10 perform Your obligations or to protect Our .interests. Any amounts disbursed by Us purswmt to this
Paragraph 6, with mterest thereon at the variable rate .described in the Agreement, .shaH become .indebtedness
5ecured by this Mortgage (i:xcept.as expressly provÜled.herein). Nothing containedm this Paragraph 6 .shall require
Us 10 .incur .any i:xpense or 1ake .any .action .hereunder.
7. Inspection. We or Our .agents.may ~ter 1ind :inspect the Property, zfter giv.ing You reasonable prior notice.
8. Condemnation. The proceeds of .any award· or claim for damages, direct or consequentiaJ,in connection with
lIIlY condemnation or other taking of the Property. or part thereof, or for conveyance.in lieu of condemnation, are
.hereby assigned and 5hal1 be paid to Us. Neither Borrower nor You will be relieved of .any obligation to make
payments if We apply the Jlward received to the outstanding balance owed.
IfY ou .abandon "the Property. or if,zfter notice by U510 You iliat the condemnor offer5 to make an award or settle a
!:laim for damages, You fail to respond to Us within -thirty (30) daY5 afterthe date 5uch notice is .mailed, We are
authorized to collect 1ind apply the proceeds ill the 5ame :inanner.as prov.ided ill Paragraph 4 hereof.
9. Forbearance NotJl W.aiver. Any forbearance by U5 in exercising.anyright or remedy hereunder, or otherwise
.afforded by .applicable law. .shaH not be Jl waiver of or preclude the i:xercise of .any 5uch rjght or remedy in the
-future. Any waiver by U5.must be in writing and 5igned by Us.
CFX-H-SI-702-WY
LOMELI
40f7
RcvÜed 06L24L2005
ACAPS: 106040616903000
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C00295
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Jdo~gage,continued
10. Successors JUld Assigns Bound; .Joint .1lnd Sever.1lI Liability; CaptiOJlS. The .covenants.and.agreements
.herein .contained shall bind, .and the rights hereunder shall inure to, Your .and Our respective Su.ccessors and .assigns,
subject to the provisions ofPar.agraph 13 hereof. All Your covenants.and .agreements shall be joint.and severn!. The
.captions .and headings of the paragraphs of this Mortgage.pe for convenience only .and are not to be used to mterpret
or define the provisions hereof.
11. Notices. Except for any notice required under applicable law to be given.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 first-class
postage paid, addressed to You at the address of the Property shown at the beginning of this Mortgage or 11t such
other address.as Y oumay .designate by notice to Us.as provided herein, .and (b) any notice to Us shall be given by
personal delivery or by mailinfsu.chnotice by certified mail, return receipt requested, to Our address stated herein
or to su.ch other address .as We may.designate by notice 10 You .as provided herein.
11. Sever.1lbility. If any tenn of this Mortgage is found to be lIIleI1Íorceable,.al1 other provisions will remain .in full
force.
13. Due on Tr.1lDSfer Provision - Transfer of the Property. If.all or any part of the Property or any .interest in it is
sold or transferred (or if.a beneficial interest in You is sold or transferred.and You are not .a natural person) without
Our prior written consent, We may, -at Our option, require illunedÏ.ate payment in full of .all sums secured by this
Mortgage. However, We shall not exercise this option if the exercise is prohibited by .applicable law.as of the date
of this Mortgage. If We exercise this option, We shall give You notice of .acceleration. The notice shall provide.a
period of not less than 30 days :from the .date the notice is .delivered or mailed within which.a11 sums secured by this
Mortgage must be paid. If these sums ..are not paid prior to the expir.ation of this period, We may invoke any
remedies permitted by this Mortgage without further notice or demand on You.
14. Def.aulL If You brtmcb.any term in this Mortgage, orif]3orrower:fails to perform any obligation under the
Agreement, We may, at Our option, .declare.all sums secured by this Mortgage to beillunedÏ.ately.due.and payllble
witboutfurtber .demand.and may mvoke the power of sal~ under this Mortgage and any other remedies permitted by
law. We may .collect :from You.all reasonable costs incurred in enforcing the terms of this Mortgage, including
11ttorneys' fees .and .allocated costs of Our salaried tm1ployees.
15. AssigllDleJlt of Rents. As.additional security hereunder, You .hereby llSSign to Us the rents of the Property;
provided, however.1bat You shall have, prior to .acceleration under Paragraph 14 hereof or 11bandonment of the
Property, the right to .co1lect.and retain su.ch rents.as they become due and pay.able.
16. Fnture Lo.an Adv.1lnces. Upon Your request. We.at Our option may make Future Loan Advances to You or
Borrower. Such Future Loan Advances, with interest thereon. shall be secured by this Mortgage when evidenced by
.a promissory note or .agreement stating 1bat said note or .agreement is so secured.
17. .Release. Upon payment of .all sums secured by this Mortgage.and any .1lpplicable Early Closure Release Fee or
other fees.and upon (.a) expiration of the Agreement or (b) Your request, We shall release this Mortgage.and You
shall pay .a1l.costs of recordation.a1ong with any reconvey.imce fee.and any .statement· of obligation fee, if any.
U. Appointment of .Receiver; Lender in Possession. Upon .acceleration under this Mortgage or 11bandonment of
the Property, We shall be entitled 10 have .a receiver ,appo.inted by.a court to enter upon. íake possession of:.and
manage the Property .and .collect the rents of the Property including those past ooe. All rents .collected by the
receiver shall be 11pplied:first to payment of the .costs of management of the Property .and collection of rents,
.including but not linrited to, receiver's fees .and premiums on the receiver's bonds and reasonable .attorneys' fees .and
then 10 the sums secured by this Mortgage. The receiver shall be liable to .account only for thoseIents .actually
received.
CFX-H-SI-702- WY
LOMELI
5 on
Revised 06114Q005
ACllPS: I06D4061ú903000
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C00296
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19. Statement of Obligation. We may collect.a fee for:furnislùng a statement of obligation in .an .amount not to
exceed the maximnm .amount pennitted llI1der applicable law.
20. No Merger. There.shall be no merger of the interest or estate created by this Mortgage with.any other interest
or estate in the Property .at .any time held by or for Our benefit ill .any capacity, without Our prior written consent.
21. Frnure Filing. This Mortgage constitutes.a £Dancing 5taíement ::filed .as a fixture ::filing ill the Official Records
of the County Recorder of the county :in which the Property is located with respect to .any .and.all fixtures .included
within the term "Property" .as used in this Mortgage.and with respect to .any goods or other personal property that
may now or hereafter become.such ::fixtures.
22. Third P.arty W.aivus. 1n the event that.any ofY ou has not.also signed the Agreement .as Borrower, each of
You: (a) .agrees that We :may. :from time to time, without notice to, consent :from or demand on Yon..and without
.affecting or impairing in.any way .any of Our rights or Your obligations, (i) renew. extend. accelerate, compromise
or change the interest rate or other terms of the Agreement.and any promissory note or ligI'eement evidencing a
Future Loan Advance. and (ü) accept, waive .and release other security (including guarantees) for the obligations
Mising llI1der the Agreement or .any promissory note or .agreement evidencing a Future Loan Advance, 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 the obligations secured by this Mortgage or pursue.any other remedy in Our power whatsoever, (ü)
.any defense or right.against Us wing out of .any .disability or other Defense or cessation of liability of .any Borrower
for .any reason other than full payment, (iii) .any defense or right .against Us Mising out of Our foreclosure upon the
Property, even though such foreclosure results in the loss of any right of subrogation. reimbursement or other right
You have .against.any Borrower. (iv) all presentments, diligence. protests, deInaI1ds .and notice of protest. .dishonor,
.and nonperfonnance, (v) until payment ill full of the .indebtedness secured by this Mortgage. any right of
.subrogation or the benefit of .any security for such indebtedness. .and (vi) the benefit of the statute of limitations
.affecting the Property to the extent pennitted by law. Any partial payment by Borrower or other circumstance that
operates to toll.any 5tatute of limitations .as to such person.shall operate to toll such statute .as to YOU.
23. Choice of Law. The Mortgage will be governed by tJnited States federal law .and. 10 the extent the United
States federal law is inapplicable, then by the laws of the Commonwealth ofV.irginia; except that, with regard to the
perfection .and enforcement of Citibank' s security .interest in the Property. the Mortgage will be governed by the law
of the state where the Property is located.
24. Your Copy. You.shall be given one confoTß1f:d copy of the Agreement and this Mortgage.
25. Loan Charges Legislation Affecting Our Rights. If the Agreement 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 Agreement t:xceed the pennitted limits. then (a).any .such loan charge shall be reduced by the
.amount necessary to reduce the charge to the pennitted limit; .and (b) .any such loan charge .already collected :from
You or Borrower which exceeded permitted limits will be refunded to You or Borrower; We:may choose to make
this refund by reducing the principal owed under the Agreement or by making a direct payment to You or Borrower.
If a refund reduces principal, the reduction will be 1reated .as a partial prepayment without .any prepayment charge
.due. If t:nactment or expiration of applicable laws has the effect of rendering any provision of the Agreement or this
Mortgage unenforceable according to its terms, We may it Our option. require immediate payment in :full of .all
BumS secured by this Mortgage.and:may :invoke.any remedies permitted by PMligI'aph 14.
CFX-H-SI-702-WY
LOMELI
60f7
Revised 06L24L2005
i\CJ\PS: 106040616903000
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~ortgage,continued
03184G? C00297
cmbankœJ
26. W.aiver of Homestead JU1d Redemption. You release.and waive.all rights under.and by virtue of the
homestead :eXf:mption laws ofWyom.ing, the equity of redemption.and .statutory right of redemption in .and to the
Property .
27. Tr.ustee Exculpation. If this Mortgage is :eXf:cuted by a trust, You execute this Mortgage as 1rustee .as
aforesaid, ID the exercise of the power .and authority conferred upon.and vested ID it as such 1rustee, .and it is
expressly understood .and .agreed by Us.and by every person hereafter claiming.any right hereunder that nothing
contained herein or ID the Agreementshall be construed.as creating MY liability on You personally to pay.amounts
owing ID connection with the Agreement or this Mortgage or .any interest that may occur thereon. or to perform .any
covenants :either express or .implied contained in this Mortgage, all such liability, if.any, being expressly waived, .and .
that .any recovery on the Mortgage or the Agreement .shall be solely .against.and out of the Property by enforcement
of the prov.isions of this Mortgage.and the Agreement, but:this waiver shall ID no way affect the persona1liability of
.any IDdividualBOlTower, co-maker or EU3Tantor of this Agreement.
28. One Mortgagor. lfthere is only one person executing this Mortgage, such person represents that he or 5he is 1]
single or 1] married. [Check one as applicable].
CFX-H-SI-702- WY
l.OMELI
71)[7
Revised 0612412005
~~S: 106040616903000
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LEGAL ADDENDUM
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t. 0298
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ALL THAT CERTAIN TRACT, LOT, PIECE, AND PARCEL OF LAND (THE "PROPERTY") SITUATED lNTIlE
'COUNTY OFLINCOLN, STATE OF WYOMING, AND DEsrnTRlq) AS FOLLOWS:
LOT.28 OFSHADOWDANCERESTATESSUBDIVlSION,LINCOLN COUNTY, WYOMING AS DEsrnTRRf) ON
TIlE OFFICIAL PLAT THEREOF.
:BY FEE.SIMPLE DEED FROM SHADOW DANCER ESTATES, A WYOMING CORPORATIONAS SETFORTHlN
DEED :BOOK 588, PAGE 809 AND RECORDED ON 6L20L2005, LINCOLN COUNTY RECORDS.
TIlE SOURCE DEED AS STATED ABOVE IS THE LAST RECORD OF VESTING m.ED FOR THIS PROPERTY.
THERE HAVE:BEENNO VESTING CHANGES SINCETBEDATE OF TIlE ABOVE REFERENCED SOURCE.
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