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000269
After Recording Return To:
AMERICAN HOME EQUITY CORPORATION
167 TECHNOLOGY DRIVE
IRVINE, CALIFORNIA 92618
RECEIVED 11/3/2006 at 3:49 PM
RECEIVING # 924068
BOOK: 639 PAGE: 269
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
[Space Above This line For Recording Data)
MORTGAGE Loan Number: 2806071901
. THIS MORTGAGE is made this 8th day of AUGUST, 2006
\/Mortgagor, KATHLEEN HILDRETH, A SINGLE PERSON
, between the
. (herein "Borrower").
and the Mortgagee, AMERICAN HOME EQUITY
CORPORATION
a corporation organized and existing under the laws of
whose address is 167 TECHNOLOGY DRIVE,
CORPORATION, A DELAWARE
DELAWARE
IRVINE, CALIFORNIA 92618
(herein "Lender").
WHEREAS. Borrower is indebted to Lender in the Principal sum of U.S. $ 82, 400 . 0 0 ~/
which indebtedness is evidenced by Borrower' s note dated AU GUS T 8, 2 0 0 6 and extensions and
renewals thereof (herein "Note"). providing for monthly installments of principal and interest. with the balance of
the indebtedness. if not sooner paid. due and payable on SEPTEMBER 1, 2026
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the
payment of all other sums. with interest thereon. advanced in accordance herewith to protect the security of this
Mortgage; and the perfonnance of the covenants and agreements of Borrower herein contained, Borrower does hereby
mortgage, grant and convey to Lender. with power of sale. the following described property located in the County
of LINCOLN . State of Wyoming:
SEE LEGAL DESCRIPTION A'ITACHED HERETO AND MADE A PART HEREDF AS EXHIBIT "A".
~' A.P.N.: 12-3519-24-4-07-032.00
THIS SECURITY INSTRUMENT IS SUBORDINATE TO AN EXISTING FIRST
LIEN(S) OF RECORD.
WYOMING-SECOND MORTGAGE-1/80
3851
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which has the address of 15 COTTONWOOD LANE, THAYNE
[Street)
Wyoming
83127
[Zip Code)
(herein "Property Address"):
000270
[City)
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this
Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a
leasehold) are hereinafter referred to as the "Property."
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower
covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands,
subject to encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest
indebtedness evidenced by the Note and late charges as provided in the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall
pay to Lender on the day monthly payments of principal and interest arè payable under the Note, until the Note is paid
in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and
planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the
Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly
premium installments for mortgage insurance. if any, all as reasonably estimated initially and from time to time by
Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make
such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage
or deed of trust if such holder is an institutional lender .
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which
are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender
shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge
for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills,
unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge.
Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall
be paid to Borrower. and unless such agreement is made or applicable law requires such interest to be paid, Lender
shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without
charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each
debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage.
If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior
to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay
said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's
option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount
of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents
as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more
payments as Lender may require.
Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds
held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender.
Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender. any Funds
held by Lender at the time of application as a credit against the sums secured by this Mortgage.
3, Application of Payments. Unless applicable law provides otherwise, all payments received by Lender
under the Note and paragraphs 1 and 2 hereof shall be applied by Lender flfSt in payment of amounts payable to
Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the
Note.
WYOMING-SECOND MORTGAGE-1/80
3851
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4, Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's
obligations under any mortgage. deed of trust or other security agreement with a lien which has priority over this
Mortgage. including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all
taxes. assessments and other charges. fwes and impositions attributable to the Property which may att'ain a priority
over this Mortgage. and leasehold payments or ground rents, if any.
5, Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fIre. hazards included within the term "extended coverage". and such other hazards as Lender
may require and in such amounts and for such periods as Lender may require.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender;
provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall
be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable
to Lender. Lender shall have the right to hold the policies and renewals thereof. subject to the terms of any mortgage.
deed of trust or other security agreement with a lien which has priority over this Mortgage.
In the event ofIoss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
proof of loss if not made promptly by Borrower.
If the Property is abandoned by Borrower. or if Borrower fails to respond to Lender within 30 days from the date
notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefIts, Lender
is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the
Property or to the sums secured by this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments.
Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration
of the Property and shalI comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage
is on a wút in a condominium or a planned wút development. Borrower shall perform all of Borrower's obligations
under the declaration or covenants creating or governing the condominium or planned unit development. the by-laws
and regulations of the condominium or planned wút development, and constituent documents.
7. Protection of Lender's Security, If Borrower fails to perform the covenants and agreements contained in
this Mortgage. or if any action or proceeding is commenced which materially affects Lender's interest in the Property .
then Lender. at Lender's option, upon notice to Borrower. may make such appearances, disburse such sums. including
reasonable attorneys' fees. and take such action as is necessary to protect Lender's interest. If Lender required
mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums
required to maintain such insurance in effect until such time as the requirement for such insurance terminates in
accordance with Borrower's and Lender's written agreement or applicable law.
Any amounts disbursed by Lender pursuant to this paragraph 7. with interest thereon. at the Note rate, shall
become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other
terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof.
Nothing contained in this paragraph 7 shalI require Lender to incur any expense or take any action hereunder.
8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property.
provided that Lender shalI give Borrower notice prior to any such inspection specifying reasonable cause therefor
related to Lender's interest in the Property.
9, Condemnation. The proceeds of any award or claim for damages. direct or consequential, in connection
with any condemnation or other taking of the Property. or part thereof. or for conveyance in lieu of condemnation.
are hereby assigned and shalI be paid to Lender. subject to the terms of any mortgage. deed of trust or other security
agreement with a lien which has priority over this Mortgage.
10, 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 Mortgage granted by Lender to any successor in interest of
Borrower shalI not operate to release. in any manner, the liability of the original Borrower and Borrower's successors
in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time
for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made
by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right
or remedy hereunder, or otherwise afforded by applicable law. shall not be a waiver of or preclude the exercise of
any such right or remedy.
WYOMING-SECOND MORTGAGE-1/80
3851
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000272
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements
herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender
and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be
joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this
Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of
this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any
other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to
the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or
modifying this Mortgage as to that Borrower's interest in the Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice
to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail
addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender
as provided herein. and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or
to such other address as Lender may designate by notice to Borrower as provided herein; Any notice provided for
in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated
herein.
13. Governing Law; Severability, The state and local laws applicable to this Mortgage shall be the laws of
the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal
law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable
law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without
the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable,
As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable
law or limited herein.
14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the
time of execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home
rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender. at
Lender's option, may require Borrower to execute and deliver to Lender. in a form acceptable to Lender. an
assignment of any rights, claims or defenses which Borrower may have against parties who supply labor. materials
or services in connection with improvements made to the Property.
16, Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not
a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in
full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is
prohibited by federal law as of the date of this Mortgage.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all
sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Mortgage without further notice or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any
covenant or agreement of Borrower in this Mortgage. including the covenants to pay when due any sums secured by
this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof
specifying: (1) the breach; (2) the action required to cure such breach; (3) a date. not less than 10 days from the date
the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or
before the date specified in the notice may result in acceleration of the sums secured by this Mortgage. The notice
shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on
or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this
Mortgage to be immediately due and payable 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 reasonable costs and expenses incurred
in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees.
WYOMING·SECOND MORTGAGE- 1 /80
3851
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If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person
in possession of the Property. if different. in accordance with applicable law. Lender shall mail a copy of a notice
of the sale to Borrower in the manner provided in paragraph 12 hereof. Lender shall publish the notice of sale and
the Property shall be sold in the manner prescribed by applicable law. Lender or Lender's designee may purchase
the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all reasonable costs
and expenses of the sale. including, but not limited to. reasonable attorneys' fees and costs of title evidence; (b) to
all swns secured by tlùs Mortgage; and (c) the excess, if any. to the person or persons legally entitled thereto.
18, Borrower's Right to Reinstate, Notwithstanding Lender's acceleration of the swns secured by this
Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to
enforce tlùs Mortgage discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the
Property pursuant to the power of sale contained in this Mortgage or (ii) entry of a judgment enforcing this Mortgage
if: (a) Borrower pays Lender all sums which would be then due under tlùs Mortgage and the Note had no acceleration
occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in tlùs
Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements
of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof,
including. but not limited to. reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably
require to assure that the lien of tlùs Mortgage. Lender's interest in the Property and Borrower's obligation to pay
the sums secured by tlùs Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this
Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.
19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder,
Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under
paragraph 17 hereof or abandonment of the Property. have the right to collect and retain such rents as they become
due and payable.
Upon acceleration under paragraph 17 hereof or abandonment of the Property. and at any time prior to the
expiration of any period of redemption following judicial sale. Lender, in person. by agent or by judicially appointed
receiver. shall be entitled to enter upon. take possession of and manage the Property and to collect the rents of the
Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of
the costs of management of the Property and collection of rents. including. but not limited to. receiver's fees.
premiwns on receiver's bonds and reasonable attorneys' fees. and then to the swns secured by this Mortgage. Lender
and the receiver shall be liable to account only for those rents actually received.
20. Release. Upon payment of all swns secured by this Mortgage. Lender shall release this Mortgage without
charge to Borrower. Borrower shall pay all costs of recordation. if any.
21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property.
22. The following Riders are to be executed by Borrower [check box as applicable):
o Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider
o Balloon Rider 0 Planned Unit Development Rider IX] Other(s) [specify)
o 1-4 Family Rider 0 Biweekly Payment Rider OCCUPANCY RIDER,
RIDER TO SECURITY
INSTRUMENT
WYOMING·SECOND MORTGAGE·1/RO
3851
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000274
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage. deed of trust or other encumbrance with a lien wlúch
bas priority overtbis Mortgage to give Notice to Lender. at Lender's address set forth on page one of this Mortgage.
of any default under the superior encumbrance and of any sale or other foreclosure action.
IN WITNESS WHEREOF. Borrower bas executed this Mortgage.
.4~.h~~ þk'U (Seal)
KATHLEEN HILDRETH -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
State of Wyoming
)
) ss.
)
County of LINCOLN
The foregoing instrument was acknowledged before me by KATHLEEN HILDRETH
this r HI
t...)K
day of ~ A~-+
(Seal)
.~.
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P' or Type Name
My commission expires: 0c...n IS: 2óo9
Witness my band and official seal.
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(Space Below This Une Reserved for lender and Recorder)
WYOMING-SECOND MORTGAGE-1/80
3851
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000275
Loan Number: 2806071901
OWNER OCCUPANCY RIDER
This rider is made this 8th dayof AUGUST, 2006 ,and isincorporaled Inlo and
shall be deemed 10 amend and supplement the deed of trust (the "Deed of Trust") of even date herewith given
by the undersigned (Ihe "Borrower") 10 Secure Borrower's Note 10 AMERICAN HOME EQUITY \
CORPORATION, A DELAWARE CORPORATION
(the "Lender") of even date herewith (the "Note") and covering the real property described in lhe Deed of
Tnasl and located al 15 COTTONWOOD LANE, THAYNE, WYOMING 83127
(the "Property"), In addition 10 the covelWlls and agreements made In the Deed of Trust, Borrower and
Lender further covenant and agree thaI the Deed of Tnasl 10 whicb this Rider is attached secures all
covenants, dulies and obligations of the Borrower sel forth In and arising under thaI certain Borrower's
Declaration 10 Lender of even dale herewith, which Instrumenl is incorporated herein by this reference. The
foregoing Instrument relates 10 various covenants and agreements of the Borrower concerning Borrower' s
continuous ownership and occupancy of the Property as Borrower's primary residence. Upon the occasion of
any breach or defaull by the Borrower witb respecl to any of lhe covenants, agreements or warranties sel forth
In the aforementioned Borrower's Declaration 10 Lender, and In addition to sucb other rights and remedies
as are available 10 Lender under the Deed of Trust 10 whicb this Rider is attached and applicable law, the
Lender may accelerate and declare immediately due and payable all of the obligations secured by the Deed
of Trust to whicb this Rider is atW:hed, If at any ÔlDe the Federal Home Loan Mortgage Corporation, a
Federal corporation, owns and bolds, either nf record or benefìcWly, any interesl In the Indebledness secured
by the Deed of Tnasl 10 which this Rider is attached, the provisions of this Rider sba11 be suspended and shall
1101 he subjecl 10 enforcemenl by the Lender: provided, however, thaI upon any subsequent disposition by the
Federal Home Loan Mortgage Corporation of its interest in such indebtedness, the provisions of this Rider
shall be subjecl 10 full enforcement and any such suspension shall be lerminaled,
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BÕrrower KATHLEEN HILDRETH Borrower
Borrower Borrower
Borrower Borrower
/
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000276
Loan Number: 2806071901
RECONVEYANCE RIDER TO MORTGAGE OR DEED OF TRUST
This Rider to Mortgage or Deed of Trust is attached and made a part of the Mortgage or
Deed of Trust ("Security Instrument") dated AUGUST 8, 2006
by and between KATHLEEN HILDRETH
and AMERICAN HOME EQUITY CORPORATION
("Lender") which secures a Note or Revolving Credit Agreement in the original principal amount or
line of credit of $ 8 2 , 4 0 0 . 0 0 . The Security Instrument is hereby modified and
amended to include the following provision:
("Borrower")
Recoaveyaaœ. Upon payment of all sums secured by this Security Instrument.
Lender sball request Trustee to reconvey the Property and shall surrender this
Security Instrument and all Notes or Revolving Credit Agreements evidencing the
debt secured by this Security Instrument to Trustee. Trustee sball reconvey the
Property without warranty. If there is no Trustee under the Security Instrument.
Lender sball release the Security Instrument in accordance with applicable law.
Unless prohibited by applicable law. the Trustee or Lender may cbarge a fee for
services rendered in connection with the preparation. execution or recordation of a
reconveyance or release of lien. demand statement or request for a reconveyance or
release of lien. The amount of any reconveyance and release or demand fee sball be
in the discretion of Trustee or Lender. and sball not exceed the maximum amount,
if any. set forth in applicable law for such fees.
The provisions of this Rider shall control over and supersede any inconsistent provisions in the
Security Instrument.
~ ~~Da#{. &now",
KATHLEEN HILDRETH
Date
Borrower
Date
Borrower
Date
Borrower
Date
Borrower
Date
RECONVEYANCE IUDER TO UOlITGAGE OR DEED OF TRUST (61!16)
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Commitment Number: 2634597
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SCHEDULE C
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
THE FOLLOWING DESCRIBED REAl ESTATE. SITUATE IN LINCOLN COUNTY AND STATE OF WYOMING.
HEREBY RELEASING AND WAIVING AlL RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD
EXEMPTION LAWS OF THE STATE TO WIT:
LOT 94 OF STAR VAllEY RANCH PLAT 3, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE
OFFICIAL PLAT THEREOF.
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ParcelfTax 1.0. #: 12-3519-24-4-07-032.00
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Commonly known as: 15 Cottonwood Lane, Thayne, WY 83127
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ALIA Commibnent
Schedule C
(263459i. PFDI2634597/13)
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