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Home My WebLink About927775 IU""" J,...J "'VV I i \; .) (l j .1,·'&'1 ~'" UV! J."-VU ùU ùl,i ö::r 1 r.U6 000064 Return To: FHHLC - POST CLOSING MAIL ROOM 1555 W WALNUT RILL LN #200 MC 6712 IRVING, TX 75038 Prepared By: FIRST HORIZON ROME LOAN CORPORATION RECEIVED 3/21/2007 at 4:11 PM RECEIVING # 927775 BOOK: 652 PAGE: 64 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1315 SOUTH HIGHWAY 99, SUITE 101 JACKSON, WY 83001 ..tf 1.,1/.3 / [Space Above This Line For Recordlne Data] MORTGAGE 0060306610 1\1JN 100085200603066103 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defmed in Sections 3, 11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this documcn~ which is dated March J.9th, 2007 together with all Riders to this document. (D) "Borrower" is MARTIN TRACY, A Married Man, & SUZANNE TRACY, XiB Wife Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and tender's successors and assigns. MEltS fs tbe mortgagee under this Security Instrument. MERS is organized and existing under tho laws of Delaware, and has an address and telephone number of P.O. BO)( 2026, Flint,:MI 48501-2026, tel. (888) 679-MBRS. WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS ~ -6A(WY) (DDD5).o2 ~ Pagâ 1 01 15 Inlll . VMP MOIll/ag.. eolulIone. Inc. Form 3D61 1/01 11111111111111111111111111111111111 MAR-19-21 : 01 First Horizon 307 734 7E ).03 09Z?7?5 000065 (D) t'Lender" is FIRST HORIZON HOME LOAN COR~ORATION Lender Î$ a CORPORATION organized and existing under the laws of THE STA'l'E OF KANSAS Lender's address is 4000 Horizon Way, Irving, Texas 75063 (E) "Note" means the promissory note signed by Borrower and dated March 19t:hl 2007 I The Note states that Borrower owes Lender ONE HUNDRED FIFTY THREE THOUSAND & 00/100 Dollwrn (U.S. $ 153, 000 . 00 ) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than APRIL 1, 2037 (F) "Property" means the property that is described below under the heading "Transfer of Rights ÍI1 the Property ." (0) "Loan" means the debt evidenced by the Note, plus interest, any prepayment chQ1'ges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are e"ecuted by Borrower. The following Riders are to be executed by Borrower [check box as applicable]; D Adjustable Rate Rider D Balloon Rider D VA Rider D Condominium Rider D Planned Unit Development Rider D Biweekly Payment Rider D Second Home Rider 01-4 Family Rider o Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, stlte and tocal Stltutes, regulations, ordinances and administrative rutes and· orders (that have the effect of Jaw) as well as aU applicable final. non-appealable judicial opinions. (J) "Community Association :Oues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower 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, instruct. Or authorize a fmancial institution to debit or credit an account. Such temI 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 Itews" means tJ10se items that are described 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: (0 damage to, or destruction of. the Property; (ll) condemnation or other taking of all Or any pan of the rroperty; (ill) conveyance in lieu of condemnation; or (îv) 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) IIPeriodic PaynJeot" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Secwity Instrument. (P) "RESPA'1 means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.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. AB used in this Security Instrument, "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgago loan" even if the Loan does not qualify as a "fed.eraUy related mortgage loan" under RESP A. 0060306610 cst-8A(WV) (0005).02 PBge20ra '"~ Form 3051 1/01 '"U·U.\. .L.,J iI.IVV I " ,,¡ ,.;. v ""V~ ",-VII VV I I V" I VW ~ 0927775 000066 (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property. whether or not that party has assumed BOlTower's obligations under the Note and/or this Security InstrUment. TRANSFER OF RIGHTS IN 'DiE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and ffiodificadons of the Note; and (ii) the peñonnance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrowet does hereby mortgage, grant and convey to MER$ (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the County of Linaoln (Type Df Record.ing lurisdicLion] [Name of Rec:ordint, lurildictiDnl All t.hat. tract or parcel of land as shown on Sahedule nAil attached heret.o which is incorporated herein and made a part hereof. Parcel ID Number: County. 321~2110l03400 City; S9 STAR LANE AFTON ("Property Address"): which cWTentIy has the address of [Street) [Cityl ,Wyoming 83110 [Zip Code] TOGETItER WITH all the improvements now or hereafter erected on the property, and aU easements, appurtenances, and fIXtures now or hereafter a part of the property. All replacements and addidons shall also be covered by this Security InstrumenL AU of the foregoing is referred to in this Security Instrument as ilia "Property." Borrower Wlderstands and ~ that MERS holds only legal title to the interests granted by Borrower in this Security 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 e~ercíse any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required oC Lender including, but not 1irrùted to, releasing and canceling this Security Instrument. 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 warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TIllS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform COvenants with limited vàJÍations by jtuisdiction to constitute a uniform security instrument covering real property. 0060306610 ~ -I;JA(WY) (DDD5).D2 f'ag8 G of 1~ ""'.'.~ Form 30ð1 1'01 MAR-19-21 :01 First Horizon 307 734 7E ).05 0327775 000067 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrow¢:' 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. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent paymenm due under the Note and this Security Instrument be made in onß or more of the following fonns, as selected by 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 institution whose dðPosits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other locadon 8..'J may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partia.l payment if the payment or partial payments are insufficient 10 bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in tlte future, but Lender is not obligated to apply sucn payments at the time such payments are accepted. If each Periodic Payment ís applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall eitlter apply such funds or return them to Borrower. If not applied earlier I such funds will be appUed to the outstanding principal ba.Iance under the Note immediately prior to foreclosure. No offset or claím which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and tlùs Security Instrument or perfonning the covenants and agreements secured by this Security InsU'umenL 2. Application of Payments or 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) interest 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 shaU be applied first to late charges, second to any other amounts due under this Security Instrument. and then to reduce the principlll balance of the Note. 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, Lender may apply any payment received from 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 payment is applied to the full payment of one or more Perioclic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied f1fst to any prepayment charges and tlten 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 ís paid in full, a sum (the "Funds") to provide fOf payment of amounts due for: (a) laXes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance requÙ'ed 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 tenn of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid WIder this Secnon. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or aU Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any dIne. Any such waiver may only be in writing. In the event of suet¡ waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of ~ .8A(WV) (0006),02 Page 4 0116 InltlalB~ Form 3051 1/01 ~^n-~~-~UUI U~.U~ C' lI':S~ nU/'l..UII vVI v~ IO.:lJ. ..uo 09Z77?5 000068 Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment witbin such time period as Lender may requite. BOITower's obligation 10 make such payments and to provide receipts shall for all purposes be deemed to be a c~venant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Botrower is obligated to pay Esc:row 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 Borrower shall then be obligated under Section 9 to repay to Lender any such amounL Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance witb Section 15 and, upon such revocation, BOITower shall pay ro Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect ilDd hold Funds in an amount (8.) sufficient to pennit Lender to apply lhe Funds at the time specified under RESPA, and (b) not to exceed the ms.ximum amount a lender can requìre under RESPA. Lender shall estimate the amount of Funds due on the basis of current 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, ü Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply lhe Funds to pay tbe Escrow Items no Wer than the time specified under RBSP A. Lende:¡- shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account. or verliying 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 BOITOwer any interest or earnings on the Funds. Borrower 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 RESPA. If there is a surplus of Funds held in escrow. as defmed under RESP A, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrOw, as defined under RBSPA. Lender shall notify BOITOwer as required by RBSPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there ÎS a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notil'y Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no mOre than 12 monthly payments. Upon payment in full of aU sums secured by this Security Instrument, Lender shall promptly refund to BOrrower any Funds held by Lender. 4. Charges; Liens. BOITower shall pay all taxes, assessments, charges, fmes, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, ü 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 writing to the payment of the obligation secured by tbe lien in a manner acceptable to Lender, but only so long as Borrower is perfonnîng such agreement; (b) contests the Uen 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 concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender suborcUnating 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 CIt -6A(WV) (0006),041 Þagtõ Of , S .,,~ Form 3051 1/01 MAR-19-21 :02 First HOI'izon 307 734 78 ) .07 09Z7775 000069 I I days of the date on which that notice is given, Borro~er shall sarisfy the lien or take one or more of the actions set forth above in this Section 4. I Lender may require Borrower to pay a one-time charge for a real estate tax verificadon and/ot' reporting service used by Lender in connection with this Loan. I 5. Property Insurance. Borrower shall keep the improvements now existing or hereafr.er erected on the Property insured against loss by fire, hazards included I within the term "extended coverage," and any other hazards including, but not limited to, earthquakes an~ floods, for which Lender requires insurance. This insurance shall be maíntained in the amounts (includ~g deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the precedir¡.g sentences can change during the temJ of the Loan. The insurance carrier providing the insurance shall b~ chosen by Borrowe.r subject to Lender's right to disapprove Borrower's choice, which right shall n9t be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone der.ennination, certification and tracking services: or (b) a one-rime charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect su.ch detennination or certiftcation. Borrower shall also be responsible for the payment of any fees imposed by tho Federal Emergency Management Age1cy in connection with the review of any flood zone det.etmination resulting from an objection by Borrower. , If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and BotTOwer'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 Propeny, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effecL Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insW'ance that Borrower could bave obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment All insuranœ 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 WIDIe Lender as mortgagee and/or as an addítional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any fonn 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 mongagee and/or as an additional loss payee. In the event of loss, Borrower shall give þrompt notice 10 the insurance carrier and Lender. Lender llU\y make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restorarion 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 insW"8ßce proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shalt be undertaken promptly. Lender may disburse proceeds fot' the repairs and restoration in a single payment or in a serie.s 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 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 Bonower shall not be paid out of the insuranco proceeds and shaH be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's secwity would be lessened, the insurance proceeds shall be applied to _ -SA(WY) (0005).02 I'age 8 Qf 16 ",,,-44#;: Form 3051 1/01 1'1....t(-l::J-":.LIU I U;;:¡· UL r.LI·~\.o nVJJ.¿vu '-'V t I........ I OJ-.J.a. 09Z7775 000070 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 BOITower abandons the Property, Lender may file, negotiate and settle any available insurance cJaim and related matters. If Borrower 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 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby ÐBSignS to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Secwity Instrument. and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) undar all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amowtts unpaid under 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 Instrument and shall continue to occupy the Propert:)' as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whewer or not Borrower is residing in the Property, Borrower shall maintain the Property in ordor to prevent the Property from deterloraling or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, BOlTOwer 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, Borrower shall be responsible for repairing or restoring the Propeny only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment Or in a series of progress paymenrs as the work íS completed. If the insurance Or condemnation proceeds are not sufficient to repair Or restore the Property, BOITower i!'l not relieved of Borrower's obligation for the completion of such repair or restoration. Lender ot' 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. Lender shall give BOITower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's LOan Application. Bonower shall be in default if, during me Loan application process, Borrower or any persons or entities actlng at the direction of Borrower or with BOITower's knowledge or consent gave materially false, misleading, or inaccurate lnformation or statements to Lender (or failed to provide Lender with material infomtation) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in tbe Property and Rights Under this Security Instrument, If (a) BOlTOwer fails to perfonn the covenanr., 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 WIder this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeirore, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and righrs under thìs Security Instrument, including proteCting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can includo, but are not limited to: (a) paying any surns secured by a lien which has priority over this Security Instrument; (b) appearing in COW1: and (c) paying reasonable ~ .SA(WY) (0005).02 P ag8 7 01 1 5 .,# Førm 3051 1/01 MAR-19-2 1:02 First Horizon 307 734 7E ).09 09Z7775 000071 attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited w, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. AlùlOugh Lender may take action under this Section 9, Lend~ 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 I8Idng any or all actions authorized under this Section 9. Any amounts disbursed by Lender under thi.g Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from tlte date of disbursement and shall be payable, with such interest, upon notice from Lender to BOITOwer requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to tlte Property, the leasehold and the fee title shall not mergo unless Lcmder agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage InsW'ance 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 Mortgag~ Insurance coverage required by Lender ceases to be available from the mortgage insurer tltat previously provided such insurance and BOITOwer was required to make separately designated paymonts toward the premiums for Mortgage Insurance, Borrower shall pay the premlums required W obtBin coverage substantially equivalent to the Mortgage Insurance previously in effect. at a cost substantially equivalent to the cost to Borrower of rhe Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when tlte insurance coverage ceased to be in effect. Lender will accept, use and retBin these payments as a nonMrefundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that tlte Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage lnsurance coverage (in tlte amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes 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 Borrower was requited to make separately designated payments toward the premiums for Mortgage Insurance, Borrower sball pay tho premiums required w maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any wriuen agreement between Borrower and Lender providing for such termination or until tennination is required by Applicable Law. Nothing in this Section 10 affects BoITOw~'s obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases tl\e Note) for certain losses it may incur if BOITOwer does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time w time, and may enter into agreements with oth~ parties that share Or modify their risk, 01' reduce losses. These agreements are on tenns and conditions tltat are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreemenf8 may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of tltese agreements, Lender, any purchaser of the Note, anoth~ insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounf8 that derive from (or might be characterized as) a portion of BOITOwer's payments for Mortgage Insurance, in e,¡:change 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 tlte premiums paid to the insurer, the arrangement is often tenned "captive reinsurance." Further: (a) Any such agreements win not aiTect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreemeotti will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. ~ M6A(WV) (0006).02 Psgs B 0115 '""~ Form 3051 1/01 ......... ...... .. ......,.., .......... ........,.. ""''''''. ,""'. ............ 03Z7775 000072 (b) Any 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 otber Jaw. These rigbts mø.y include the rigbt 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 Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. AssIgnment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds arc hereby assigned to and shall be paid to Lender. If the Property is damaged, such Míscellaneous Proceeds 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 Miscellaneous ProCeeds until Lender has had an opportunity to inspect such Property to ensure the work has been con'lpieted to Lender's satisfaction, provided that such inspection shall be undertaken promptly, Lender may pay for the repairs and restomtion 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, Lend~ shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the ~cess, if any, paid to Borrower. 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 MiscelJaneous Proceeds shall be applied to the sums secured by this Security Inslrument, whether or Dot then due, with the excess, if any, paid to Borrower. 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 Ulking, destrUction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unloss Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Míscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums seem-ed immèdíately before the partial taking, destruction, or loss in value diyided 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 BOITower. In the event of a partial taking, destruction, or 10S8 in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secuted immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender othetwise agree in writing, the Miscellaneous Proceeds shall be applied to the Sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or it, after notice by Lender to Borrower that the Opposing Party (as defIned in the next sentence) offers to make an award to sewe 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 tfús Security Inslrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to MlsceUaneous 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 fOIÍeÌture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. BOITower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be disn'lissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impainnent of Lender's interest in the Property are bereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not appUed to restoration or repair of the Property shall be applied in the order provided for in Section 2. q -eA(WV) (0006).02 Page Q 0116 '"'~ Form 3051 1/01 MAR-19-2 ):02 First Horizon 307 734 7( P.11 0927775 0000?3 12. Borrower 'Not Re.easedj Forbearance By Lender Not a Waiver. Extension of the time for payment or modification ot amoX't;Îzation 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 Borrower or any Succe.ssors in Interest of Borrower, Lender shall not be required to commonce 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 Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy inCluding, without limitation, Lender's acceptBnce of payments trom third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due. shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and AssigDli Bound. Borrower covenants and agrees that Borrower's oblígations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (8) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other :Borrower can agree to extend, modify, forbear Or make any accommodations with regard to the terms of this Security Instrument 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 aU of Borrower's rights and benefitB under this Security Instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. . 14. Ï-oan Charges_ Lender may charge Borrower fees for services performed in connection witl\ 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, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximQm loan charges. and that law is tmally interpt'eted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permined limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the penuitted limit; and (b) any sums already collected from Borrower which exceeded pennitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a ref\Uld reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptmce of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might ha.ve arising out of such overcharge. 15_ Notices. All notices given by Borrower or Lender in connection with this Security Instrument tUust be in writing. Any nQtice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually deliveœd to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to aU Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unle.ss Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unle.ss Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice reqtúred by this Security Instrument is also required under Applicable Law. the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 4Ii InUI , <St.6A(WV) (0005).0;1 P;¡V810of 15 Form 3051 1/01 "Kn-1~-¿uur U~'U. l'lrSó nOrlZOn "UI r"... 10::!1 r.1.6 09Z7775 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 Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree. by contract Or it might be silent, but such silence shall not be construed as a prohibition against agreement by contracL In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Inslrument or the Note which can be given effecL without the conflicting provision. As used in this Security InstrUment: (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. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest Ùl Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficia.! interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract fot' 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 Bom>wer is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. 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 Borrower notice of accelenltion. The notice shall provide a periQd of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Insttument 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 InslI11IDent; (b) such other period as Applicable Law might specify fot' the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security lnsttument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security lnslrWnent and the Note as if no acceteration had occurred: (b) cures any default of any other covenants or ag;reements; (c) pays all expenses incurred in enforcing tlûs Security lnstrument, including, but not limited to, reaBonable anomeys' 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) l3kes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement SUffi$ and expenses in one or more of the following fonns, as selected by Lender: (a) cash; (b) money order; (ç) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposim are insured by a federal agency, instrumentality or entity; or (d) Elec1ronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceteration had occurred. However, thís rigl1t to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice or Grievance. The Note or a partiaI intereSt in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A salo 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 pedonns other mortgage loan servicing obligations undef the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Service! unrelated to a sale of the Note. If there is a change of the Loan Servicer, BOIIUwer will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires ín connection with a '"",.~ 000074 _ .6A(WV) (0006),02 P~go 11 01 16 Form 3051 1/01 'MAR-19-2 :02 First Horizon 307 734 7E '.13 0927775 000075 notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicei' other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from tlte other party's actions pursuant to this Security Instrument or that alleges that the other parry has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain 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 t'lke corrective action provisions of this Section 20. 21. Halardous 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 petrolewn products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials: (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property 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 shan not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any EnvironmenUll Law, (b) which creates an Environmental Condition, or (c) which, due to tlte 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 nonna! residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). . Borrower shall promptly give Lender written notice of (8) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance Or Environmenbl 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 fIazardo\ls Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any HBzardous Substmtce affecrlng the Property is necessary, Borrower shall promptly take all nec~sary remedial actions in accordance with Environmental Law. Notbing herein shall create any obligation on Lender for an EnvironmenUll Cleanup. _ -6A(WY) (0006},O:i! Page 120116 "".~ Form 3051 1101 JUIIo4o\ .&.'oJ 40 401 "'""... 404o\,JJ 4o...\,JII ...,\J I I \J-. I...,...,... 09Z?775 000076 NON-UNIFORM COVENANTS. BOn'ower and Lender further covenant and agree as follows; 22. Acceleration; Remedies. Lender sball give notice to Borrower priòJ' to acceleration foUowing Borrower's breach of any covenant or agreement in this Security Instrumeut (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Tbe notice shaD 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 Ï$ given to Borrower, by wbich the default must be cured¡ and (d) that failure to cure the del'ault on or before the date specified in the notice may result In acceleration of the sums secured by tbis Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default Is not cured on or berore tbe date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may Invoke the power of sale and any other remedies permitted by AppUcable :Law. Lender shall be entitled to coDect aU expenses incurred in pursuing the remedies provided in this Section 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender sball give notice of Intent to foreclose to Borrower and to the person in pOBBession of the Property, if different, in accordance with Applicable Law. Lender sbaD give notice of the sale to Borrower in the manner provided in Section 15. Lender shaD publish the notice of sale, and the Property shall be sold in the manner prescribed by A.ppUcable Law. Lender or its designee may purchase the Property at any sale. The proceeds of tbe sale shaD be applied in the following order: (a) to aU expenSe$ of tbe sale, including, but Dot limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to tbe person or persons legaUy entitled to it. 23. Release. Upon payment of all sums secured 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 Secùrity Instrument, but only ü the fee is paíd to a. third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers, Borrower releases and waives all rights under and by virtue of the homestead exomption laws of Wyoming. ~ -6A(WY) (DDD5.D2 Pao. 1a 0115 ,""'~ Form 3051 1/01 MAR-19-21 :02 First Horizon 0927775 307 734 76 ) .15 000077 BY SIGNING BELOW, Borrower acceplS and agrees to the tenna and covenant!¡ contained in this Security Instt'ument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 0060306610 CI&-6A(WV) (000(;),02 '~ ......~~..... ,.,' .,. /'., c~~ ' ".__~UZbTRACY ~ (Seal) -Borrower (Seal) -Borrower (Seal) ·norrower (Seal) ·Borrower (Seal) -Borrower Page 14 at 15 Form 3051 1/01 ....... ....... ......,..." ... .... """'ow .........,. .........,.. O~27~77 .~]¡ l'-k.-\Qdç~ STATE OF WYOMING, blucer.N --. .-- .--... ttdk- 000078 County 55: The foregoing instrument was acknowledged before me this / (}Hu rYìc..¡cÀ r¿oo7 by 6Lt~I'H? TtV..cl/ MARTIN TRACY SMlMIHII TltPo.CT" I My Commission Expires: B-- W··, \ 0 -- NOTARY PUBLIC STATE OF NEVADA County of Clark CLAUDINE KLEIN Appl. No. 03·79562-1 A \. Ex iles A usl30. 2010 0060306610 "" .6A(WY) (DDD6.D2 ~ IÆlAjot4~ ~~' Notary ie ~ .~ ß.JJ.C)j rl..L kiU· J . Paga 15 ot 15 ,.,.,..jIí Form 3061 1/01 Exhibit A 0327775 LEGAL DESCRIPTION 000079 PARCEL 1: Unit 3 of Mountain Heights Condominiums, Lincoln County, Wyoming, according to that certain plat filed May 24, 2006 in the Office of the County Clerk as Plat No. 132-C, Instrument No. 918750. And in that certain corrected Plat filed September 25, 2006 in the Office of the County Clerk as Plat No. 132-D, Instrument No. 922775. PARCEL 2: Easement as noted in that certain Land Use Easement filed in the Office of the Lincoln County Clerk, recorded December 22,2003, as Receiving # 896100, in Book 544 P.R., on Page 412, and in that certain Corrective Easement Agreement filed in said Office, recorded March 31, 2006, as Receiving # 917136, in Book 615 P .R., on Page 687. PARCEL 3: Easement as noted in that certain Land Use Easement filed in the Office ofthe Lincoln County Clerk, recorded December 22,2003, as Receiving # 896101, in Book 544 P.R., on Page 413. FileNumber: 61131 Land Title Company Attached Legal Description Page 1 of 1